Hawaii § 101-19 - Amendments of complaints, citations.

§ 101-19. Amendments of complaints, citations.

In all proceedings under this part the court shall have power at any stage of the proceeding to allow amendments in form or substance in any complaint, citation, summons, process, answer, motion, order, verdict, judgment, or other proceeding, including amendment in the description of the lands sought to be condemned, whenever the amendment will not impair the substantial rights of any party in interest. [L 1937, c 184, §1; RL 1945, pt of §310; RL 1955, §8-17; HRS §101-19] Case Notes The court in an eminent domain proceeding has the discretion to permit a governmental entity to withdraw a portion of a deposit of estimated just compensation when the deposit has not been disbursed to the landowner, the government acted in good faith in seeking to adjust the estimate to accurately reflect the value of the property on the date of the summons, and the adjustment will not impair the substantial rights of any party in interest. 139 H. 511, 394 P.3d 741 (2017). The court in an eminent domain proceeding may permit a governmental entity to withdraw a portion of the estimated just compensation deposit that has been dispersed to the landowner when the governmental entity, acting in good faith, seeks to adjust the estimate to accurately reflect the value of the property on the date of summons and the adjustment will not impair the substantial rights of any party in interest. 137 H. 471 (App.), 375 P.3d 250 (2016). Where the plaintiff county of Kauai ("county") sought to withdraw a portion of the estimated just compensation that had been deposited with the court following eminent domain proceedings, the circuit court did not abuse its discretion in allowing the county to withdraw a portion of the amount deposited. The estimated just compensation had not been dispersed to the landowners when the county, which appeared to have acted in good faith, sought to adjust the estimate to accurately reflect the value of the property on the date of summons, and the adjustment did not impair the substantial rights of the landowners. 137 H. 471 (App.), 375 P.3d 250 (2016). Cited: 42 H. 415, 435. Previous Vol02_Ch0046-0115 Next