← Back to search

HRS §101-52

How the government can take public property for public use

This section lets certain officials and counties start a court case to take public property for public use. The court can decide the case without a jury, and can handle some issues early. The government must pay for any property it takes.

countiescourtsstate agencies

The statute, as written — Proceedings authorized

Any officer authorized to bring eminent domain proceedings under part I, and any county when thereunto authorized in the manner provided by section 101-13, which is made applicable to this part, may file or cause to be filed a special proceeding for the acquisition by the State or county, as the case may be, of public property required for public uses which are under the officer's or county's jurisdiction and control. The circuit courts may try and determine the proceedings without a jury, subject only to an appeal in accordance with chapter 602, in the manner provided for civil appeals from the circuit courts. The circuit court, on its own motion or on motion of any party, may try and determine any issue in the case in advance of other issues. Compensation or damages shall be paid by the condemning authority for the condemnation of any public property taken under this chapter.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§101-13 County power to start eminent domain

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