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HRS §101-43

Rules before a utility company can take private property

A corporation with the power to take private property for public use must first tell the public utilities commission what it plans to take and why. The commission must agree that the taking is in the public interest, is necessary, and will be used for utility operations. Only then can the corporation proceed.

landowners

The statute, as written — Requirements prior to exercise of power

Any corporation having the power of eminent domain under section 101-41 may continue to exercise the power, provided that prior to the exercise of the power: (1) The corporation submits to the public utilities commission its intention to exercise the power, with a description of the property to be condemned; and (2) The public utilities commission finds that the proposed condemnation is in the public interest, that the proposed condemnation is necessary, and that the corporation will use the property for its operations as a public utility.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§101-41 Water companies can take private land for public use

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