HRS §322-28
Entering land and taking it for drainage projects
The comptroller can go onto private land to survey and plan drainage ditches, and can take land needed for those ditches through a legal process called condemnation. If land is taken, the owner is paid without reducing the payment for any increase in value to their remaining property. The money comes from funds set aside for drainage improvements.
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The statute, as written — Entry upon and acquisition of land
The comptroller may enter upon all lands on the routes of the proposed drains or ditches for the purpose of examining, surveying, and laying out the route thereof, and upon all lands proposed to be included in any such drainage district for the purpose of determining whether the same or any portion thereof shall be included in the district, and institute and conduct proceedings for the condemnation of all lands declared by the comptroller, when the comptroller's order is not appealed from, or by the board on appeal to be necessary for rights-of-way for the drains or ditches. In acquiring any such lands the method pursued shall be as prescribed in chapter 101; provided that in acquiring by condemnation proceedings any land situated within the drainage district the award of compensation therefor shall be without deduction for any benefits accruing to the remainder of the lot or parcel by reason of the construction of such improvement. Any lands acquired by condemnation for rights-of-way for drains or ditches shall be paid for out of any funds available for the improvement of any lands under this part.
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