§101-30  Order of possession.  No orderof possession shall issue unless the plaintiff has paid to the clerk of thecourt issuing the order, for the use of the persons entitled thereto, theamount of the estimated compensation or damages stated in the motion for theissuance of the order and, in the case of a plaintiff other than the State or acounty, has so paid such additional amount, or furnished such additionalsecurity, as may be required by the court.

An order of possession issued under section 101-29shall not become effective until (1) summons in the action has been servedpersonally on the defendants within or without the State, as provided insection 101-20 or section 634-24, or (2) the first publication of the summonsdirected to the defendants has occurred and notice has been posted as providedin section 634-23, or (3) the papers mailed to the defendants have beenreceived as provided in section 634-24, or (4) the best notice practicableunder the circumstances has been given as ordered by the court for good causeshown. [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, §8-28; HRS §101-30; am L1973, c 30, §3]

 

Case Notes

 

  Remedy under section is adequate.  39 H. 53.