2024-09-30 Request for Continuance of Hearing (PL-BOA-2023-000065)

Home

} IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. The Plaintiff be and is hereby awarded and put into possession of the real property and easement described in Exhibit"A"attached to the complaint filed herein, together with all improvements thereon and appurtenances thereunto belonging; and plaintiff may do such work there as may be required for the purpose for which the property is sought. 2. This order shall become effective ten(10) days after service hereof, in accordance with Hawai`i Revised Statues §101-29, as that section is qualified by Hawai`i Revised Statutes §101-30, which together state, in relevant part, that: (a) Where a county is the plaintiff, at any time after the commencement of an action, the county may file a motion for an order of possession, supported by affidavit alleging: 1. The right of the county to maintain the action; 2. The public use for which the property is being taken; and 3. The sum of money estimated to be just compensation. (b) The court shall issue an ex parte order of possession when the county has deposited the appropriate sum of money with the clerk of the circuit court. (c) The order shall become final ten (10) days after service of the order, provided that within ten(10)days, after service, the court may,upon good cause shown,vacate or modify the order,postpone the effective date thereof (d) No order of possession shall issue unless the plaintiff county has paid to the clerk of the court, the amount of estimated compensation or damages stated in the motion for issuance of the order.