§101-53 - Property already appropriated to a public purpose.
§101-53 Property already appropriated to a
public purpose. Whenever the public property sought to be acquired has
already been appropriated to some public purpose, in order that the property be
acquired by the petitioner it must appear that the use to which the property is
sought to be put is more necessary than the purpose to which it has already
been appropriated. [L 1949, c 377, pt of §1; RL 1955, §8-52; HRS §101-53]
Case Notes
Condemnation by railroad company of public property held as
navigable waters denied. 11 H. 717.
Not applicable unless state or county owns the land. 70 H.
18, 757 P.2d 647.