§322-28  Entry upon and acquisition of land. The comptroller may enter upon all lands on the routes of the proposed drainsor ditches for the purpose of examining, surveying, and laying out the routethereof, and upon all lands proposed to be included in any such drainagedistrict for the purpose of determining whether the same or any portion thereofshall be included in the district, and institute and conduct proceedings forthe condemnation of all lands declared by the comptroller, when the comptroller'sorder is not appealed from, or by the board on appeal to be necessary forrights-of-way for the drains or ditches.  In acquiring any such lands themethod pursued shall be as prescribed in chapter 101; provided that inacquiring by condemnation proceedings any land situated within the drainagedistrict the award of compensation therefor shall be without deduction for anybenefits accruing to the remainder of the lot or parcel by reason of theconstruction of such improvement.

Any lands acquired by condemnation forrights-of-way for drains or ditches shall be paid for out of any fundsavailable for the improvement of any lands under this part. [L 1915, c 190, §6;RL 1925, §982; RL 1935, §1332; RL 1945, §2723; RL 1955, §47-27; am L Sp 19592d, c 1, §12; HRS §322-28; gen ch 1985]