HRS §101-34

Fast trial for public use disputes

Read the official text at capitol.hawaii.gov ↗

If a property owner challenges that the government's taking is for a public use, either side can ask for an immediate trial without a jury. The trial court's decision can be appealed right away, and the appeal gets priority. If the owner doesn't raise the issue within ten days after being served with an order granting immediate possession, they are treated as admitting the use is public.

courtslandowners

The statute, as written — Issue as to use may be set for immediate trial

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

If the defendant, in the defendant's answer or in return to the order to show cause, issued under section 101-28, denies that the use for which the property sought to be condemned is a public use, or a superior public use within the meaning of section 101-7, the issue, upon the motion of any party, may be set for immediate trial, without a jury and without regard to position on the calendar. Notwithstanding any provision of section 641-1, an interlocutory appeal shall lie from the decision on the issue as of right, and the appeal shall be given precedence in the intermediate appellate court. Failure of the defendant to raise the issue within ten days after service of an order granting immediate possession shall be deemed an admission that the use is a public use or a superior public use, as the case may be.

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

§101-7 Taking property already used by the public

§641-1 When you can appeal a court decision in a civil case

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