§101-33  Allowance of interest, etc.  If
an order is made letting the plaintiff into possession as provided for in
sections 101-28, 101-29, and 101-32, 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 until paid by the plaintiff; provided
that except in the case of an appeal by the plaintiff as provided in section
101-32, interest shall not be allowed upon any sum paid by the plaintiff to the
clerk of the court from the date of the payment.  The court may fix and include
in the order or judgment the time within which and the terms upon which the
parties in possession shall be required to surrender possession to the
plaintiff.  The court may make such orders in respect of encumbrances, liens,
rentals, taxes, assessments, insurance, and other charges, if any, as shall be
just and equitable. [L 1896, c 45, pt of §16; 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, §8-31; HRS §101-33]



 



Case Notes



 



  Section applied in computing rate of interest from order of
possession to date of judgment.  45 H. 650, 372 P.2d 348.  Interest is
allowable 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 on
interest" or require that interest be awarded for periods where
condemnation 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.