§101-33  Allowance of interest, etc.  Ifan order is made letting the plaintiff into possession as provided for insections 101-28, 101-29, and 101-32, the final judgment shall include, as partof the just compensation and damages awarded, interest at the rate provided insection 101-25 from the date of the order until paid by the plaintiff; providedthat except in the case of an appeal by the plaintiff as provided in section101-32, interest shall not be allowed upon any sum paid by the plaintiff to theclerk of the court from the date of the payment.  The court may fix and includein the order or judgment the time within which and the terms upon which theparties in possession shall be required to surrender possession to theplaintiff.  The court may make such orders in respect of encumbrances, liens,rentals, taxes, assessments, insurance, and other charges, if any, as shall bejust and equitable. [L 1896, c 45, pt of §16; RL 1925, pt of §825; RL 1935, ptof §68; am L 1937, c 184, pt of §5; RL 1945, §319, subs 3; am L 1951, c 12, ptof §1(l); RL 1955, §8-31; HRS §101-33]

 

Case Notes

 

  Section applied in computing rate of interest from order ofpossession to date of judgment.  45 H. 650, 372 P.2d 348.  Interest isallowable on amount stipulated as value.  48 H. 444, 404 P.2d 373.

  Blight of summons damages are computed at 5% interest rate(State v. Coney, 45 H. 650, overruled).  54 H. 385, 507 P.2d 1084.

  Blight of summons damages.  55 H. 226, 517 P.2d 7.

  Section does not authorize award of "interest oninterest" or require that interest be awarded for periods wherecondemnation trial continued at landowner's request.  64 H. 168, 637 P.2d 1131.

  See 50 H. 237, 437 P.2d 321.

  Cited:  30 H. 1, 6; 36 H. 348, 351.