§101-52  Proceedings authorized.  [L 2004,c 202, §12 amendment repealed June 30, 2010.  L 2006, c 94, §1.] Any officer authorized to bring eminent domain proceedings under part I, andany county when thereunto authorized in the manner provided by section 101-13,which is made applicable to this part, may file or cause to be filed a specialproceeding for the acquisition by the State or county, as the case may be, ofpublic property required for public uses which are under the officer's orcounty's jurisdiction and control.  The circuit courts may try and determinethe proceedings without a jury, subject only to an appeal in accordance withchapter 602, in the manner provided for civil appeals from the circuit courts. The circuit court, on its own motion or on motion of any party, may try anddetermine any issue in the case in advance of other issues.  Compensation ordamages shall be paid by the condemning authority for the condemnation of anypublic property taken under this chapter. [L 1949, c 377, pt of §1; RL 1955,§8-51; am L 1957, c 160, §1; HRS §101-52; am L 1973, c 30, pt of §5; am L 2004,c 202, §12]

 

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."