§101-32  Possession pending appeal.  [L
2004, c 202, §10 amendment repealed June 30, 2010.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 in
favor 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 condemned
under an order entered pursuant to sections 101-28 and 101-29, may be put into
possession thereof upon the payment, to the clerk of the court, of the amount
assessed as compensation or damages and such further sum as may be required by
the court as a fund to pay any further compensation or damages that may be
awarded, as well as all damages that may be sustained by the defendant if for
any 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 property
sought to be condemned with the right to use the same during the pendency of
and until the final conclusion of the litigation.  If the plaintiff has
appealed, the amount shall be held by the clerk until the entry of final
judgment, and the final judgment shall include, as part of the just
compensation and damages awarded, interest at the rate provided in section
101-25 from the date of the order letting plaintiff into possession.  If the
defendant who is entitled to the amount of money assessed as compensation or
damages and paid into court under this section has appealed, the defendant
shall have the right to demand and receive payment of the same at any time
thereafter, upon filing a receipt therefor and an abandonment of all defenses
to the action or proceeding, except as to the amount of compensation or damages
that 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 of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."



 



Case Notes



 



  Remedy under section is adequate.  39 H. 53.



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