§101-28  Possession pending action;
immediate occupation by plaintiff.  At any time after the service of
summons the court may, upon motion of the plaintiff and upon notice to the
defendant, issue an order putting the plaintiff in possession of the land sought
to be condemned and permitting the plaintiff to do such work thereon as may be
required for the purpose for which the taking of the land is sought.  The
motion shall contain a statement of the reasons for requiring an immediate
occupation of the land sought to be condemned and a statement of the sum of
money estimated by the plaintiff to be just compensation or damages for the
taking of the land.  Upon the filing of the motion the court shall issue an
order directed to the defendants and returnable not more than twenty days from
the date of the filing of the motion, requiring the defendants to appear and
show cause why the motion should not be granted.  The court may require proof
by affidavit or otherwise of the right of the plaintiff to maintain the action
and of the facts set forth in the motion and shall grant or deny the motion as
the public interest and the rights of the parties may require.



Where the plaintiff is not the State or a
county, the court may, upon motion of any defendant and good cause shown
therefor, require the deposit with the clerk of the court, of such additional
amount of money, or of a surety bond approved by the court in such additional
amount, as the court deems necessary to reasonably secure the defendant in the
collection of the final award which may be made thereafter, taking into
consideration the adequacy of the initial estimate, the financial
responsibility of the plaintiff and other pertinent circumstances. [L 1937, c
184, pt of §5; RL 1945, §319, pt of subs 1; am L 1947, c 200, pt of §1(d); am L
1951, c 12, pt of §1(l); RL 1955, §8-26; HRS §101-28]



 



Case Notes



 



  Filing of motion for order of possession will not be
restrained as defendants may be heard on order itself to protect their rights. 
39 H. 53.



  Section is generally available to condemnors while §101-29 is
restricted to use by the State or a county.  49 H. 494, 421 P.2d 300.