§101-32  Possession pending appeal.  [L2004, c 202, §10 amendment repealed June 30, 2010.  L 2006, c 94, §1.] At any time after judgment has been rendered in the circuit court for or infavor of the plaintiff, or pending an appeal by either plaintiff or defendant,the plaintiff, if not already in possession of the land sought to be condemnedunder an order entered pursuant to sections 101-28 and 101-29, may be put intopossession thereof upon the payment, to the clerk of the court, of the amountassessed as compensation or damages and such further sum as may be required bythe court as a fund to pay any further compensation or damages that may beawarded, as well as all damages that may be sustained by the defendant if forany cause the property is not finally taken for public use.  Upon such payment,the court shall make an order putting plaintiff into possession of the propertysought to be condemned with the right to use the same during the pendency ofand until the final conclusion of the litigation.  If the plaintiff hasappealed, the amount shall be held by the clerk until the entry of finaljudgment, and the final judgment shall include, as part of the justcompensation and damages awarded, interest at the rate provided in section101-25 from the date of the order letting plaintiff into possession.  If thedefendant who is entitled to the amount of money assessed as compensation ordamages and paid into court under this section has appealed, the defendantshall have the right to demand and receive payment of the same at any timethereafter, upon filing a receipt therefor and an abandonment of all defensesto the action or proceeding, except as to the amount of compensation or damagesthat the defendant may be entitled to if a new trial shall be granted. [L 1896,c 45, §19; RL 1925, pt of §825; RL 1935, pt of §68; am L 1937, c 184, pt of §5;RL 1945, §319, subs 3; am L 1951, c 12, pt of §1(l); RL 1955, §8-30; HRS§101-32; gen ch 1985; am L 2004, c 202, §10]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."

 

Case Notes

 

  Remedy under section is adequate.  39 H. 53.

  "Final judgment" means judgment entered after anappeal.  50 H. 237, 437 P.2d 321.