§664-34 - Same; decision. - Hawaii Statutes

     §664-34  Same; decision.  The court shall hear the evidence offered relative to the right in controversy, and may, if deemed desirable to the rendering of a correct decision, visit the locality where the controversy arose.  It shall give such decision as may in each particular case appear to be in conformity with vested rights and shall be just and equitable between the parties.

     The decision shall state expressly the findings of fact on the evidence, and shall in cases of right of way clearly indicate the location (if possible) and nature of the way; if on a water right, it shall state the proportion of time for use, and any other things necessary to the right.  It may also regulate the methods by which water may be obtained, and by which its supply can be controlled.  As far as possible, the rights of parties served by publication who have not appeared in the action shall be ascertained.  Judgment shall be entered in accordance with the decision. [L 1886, c 69, §4; am L 1888, c 26, §4; am L 1907, c 56, §4;  RL 1925, §2939; RL 1935, §3680; RL 1945, §10221; RL 1955, §234-33; HRS §664-34; am L 1972, c 90, §6(o)]

 

Cross References

 

  Return of service as prima facie evidence, see §634-22.

 

Case Notes

 

  Authority is limited to ascertaining, determining, and enforcing proven rights.  24 H. 47.