§101-21 - Intervenors. - Hawaii Statutes

     §101-21  Intervenors.  Any person in occupation of or having any claim or interest in any property sought to be condemned or in the damages for the taking thereof though not named in the complaint, may appear, plead, and defend in respect to the person's own property or interest, in like manner as if named in the complaint. [L 1896, c 45, §11; RL 1925, §819; RL 1935, §61; RL 1945, §312; RL 1955, §8-19; HRS §101-21; gen ch 1985]

 

Rules of Court

 

  Intervention, see HRCP rule 24.

 

Case Notes

 

  Grantee from owner takes land subject to proceedings in condemnation.  61 F.2d 896.

  One who purchases during action and makes no claim to compensation awarded to owner is bound by result.  31 H. 781, aff'd 61 F.2d 896.

  "Person in occupation" means an occupant whose right of occupancy is sought to be taken.  50 H. 501, 443 P.2d 140.

  This section limits the right to intervene to a person in occupation or having a claim or interest in the property sought to be taken or in the damages for the taking.  50 H. 501, 443 P.2d 140.

  "Claim or interest" means prima facie claim or interest under section and HRCP 24(a)(1).  54 H. 56, 502 P.2d 378.

  Court has no discretion to deny intervention to applicant who meets all requirements.  54 H. 56, 502 P.2d 378.

  Court had discretion to allow lessees of property to be condemned to appear as parties.  68 H. 55, 704 P.2d 888.

  Cited:  30 H. 1, 5.