← Back to search

HRS §101-31

Getting paid before the final amount is set

This section lets a court pay out part or all of the estimated compensation early to people who are entitled to it. If the final award is higher, the court orders the difference paid. If the final award is lower, the extra money stays available for the judgment.

courtslandowners

The statute, as written — Payment of estimated compensation; effect thereof

Upon the application of the parties entitled thereto the court may order that the amount of the estimated compensation or damages stated in the motion and paid to the clerk of the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceedings. If an additional deposit of money has been paid to the clerk of the court pursuant to section 101-28 the amount of the additional deposit or of any portion thereof, shall not, without the consent of the plaintiff, be paid to the party. A payment to any party as aforesaid shall be held to constitute an abandonment by the party of all defenses interposed by the party, excepting the party's claim for greater compensation or damages. If the compensation or damages finally awarded in respect of the land or any parcel thereof exceeds the amount of the money so received by any person entitled, the court shall enter judgment for the amount of the deficiency. The unexpended moneys and any additional security so deposited with the clerk of the court shall be available for, or for enforcement of, the payment of any final judgment awarded by the court.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§101-28 Getting the land before the case ends

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.