§101-31  Payment of estimated compensation;effect thereof.  Upon the application of the parties entitled thereto thecourt may order that the amount of the estimated compensation or damages statedin the motion and paid to the clerk of the court, or any part thereof, be paidforthwith for or on account of the just compensation to be awarded in theproceedings.  If an additional deposit of money has been paid to the clerk ofthe court pursuant to section 101-28 the amount of the additional deposit or ofany portion thereof, shall not, without the consent of the plaintiff, be paidto the party.  A payment to any party as aforesaid shall be held to constitutean abandonment by the party of all defenses interposed by the party, exceptingthe party's claim for greater compensation or damages.  If the compensation ordamages finally awarded in respect of the land or any parcel thereof exceedsthe amount of the money so received by any person entitled, the court shallenter judgment for the amount of the deficiency.  The unexpended moneys and anyadditional security so deposited with the clerk of the court shall be availablefor, or for enforcement of, the payment of any final judgment awarded by thecourt. [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 ch1985]

 

Case Notes

 

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