§101-31  Payment of estimated compensation;
effect thereof.  Upon the application of the parties entitled thereto the
court may order that the amount of the estimated compensation or damages stated
in the motion and paid to the clerk of the court, or any part thereof, be paid
forthwith for or on account of the just compensation to be awarded in the
proceedings.  If an additional deposit of money has been paid to the clerk of
the court pursuant to section 101-28 the amount of the additional deposit or of
any portion thereof, shall not, without the consent of the plaintiff, be paid
to the party.  A payment to any party as aforesaid shall be held to constitute
an abandonment by the party of all defenses interposed by the party, excepting
the party's claim for greater compensation or damages.  If the compensation or
damages finally awarded in respect of the land or any parcel thereof exceeds
the amount of the money so received by any person entitled, the court shall
enter judgment for the amount of the deficiency.  The unexpended moneys and any
additional security so deposited with the clerk of the court shall be available
for, or for enforcement of, the payment of any final judgment awarded by the
court. [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, §8-29; HRS §101-31; gen ch
1985]



 



Case Notes



 



  Where estimate of compensation deposited to obtain immediate
possession is in excess of final award, condemnee must make restitution with
interest.  54 H. 385, 507 P.2d 1084.