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



An order of possession issued under section 101-29
shall not become effective until (1) summons in the action has been served
personally on the defendants within or without the State, as provided in
section 101-20 or section 634-24, or (2) the first publication of the summons
directed to the defendants has occurred and notice has been posted as provided
in section 634-23, or (3) the papers mailed to the defendants have been
received as provided in section 634-24, or (4) the best notice practicable
under the circumstances has been given as ordered by the court for good cause
shown. [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 L
1973, c 30, §3]



 



Case Notes



 



  Remedy under section is adequate.  39 H. 53.