§101-25 Payment of judgment, penalties.
The plaintiff shall within two years after final judgment pay the amount
assessed as compensation or damages and upon failure so to do all rights which
may have been obtained by the judgment shall be lost to the plaintiff; and if
such payment is delayed more than thirty days after final judgment, then
interest shall be added at the rate of five per cent a year. The payment shall
be made to the clerk of the court rendering the judgment. The plaintiff shall
within thirty days after the payment deposit in the mails of the United States
a written notice addressed to the defendants, who have filed answers or
appeared in court in the proceedings, or to their attorneys of record in the
proceedings, if so represented, at their last known address, that the payment
has been made, and the clerk of the court shall distribute the payment to those
entitled thereto in accordance with the order of the court. If the plaintiff
fails to make the payment as aforesaid, the defendant shall be entitled to
recover judgment as provided in section 101-27. If the plaintiff fails to give
written notice of the payment as aforesaid, interest shall be added on the
amount thereof at the rate of five per cent a year until the written notice is
placed in the mails or until the defendant receives from the clerk of court the
amount to which the defendant is entitled under the terms of the order of
court, whichever event shall first occur. [L 1896, c 45, §17; RL 1925, §823; RL
1935, §65; am L 1937, c 184, §3; am L 1941, c 55, §1; RL 1945, §316; am L 1951,
c 12, §1(j); RL 1955, §8-23; HRS §101-25; gen ch 1985]
Case Notes
Section does not apply to proceeding by U.S. 244 F. 923.
Statute is substance and not procedure, therefore not applicable. Id.
Interest. 4 U.S.D.C. Haw. 33. Interest relates back to date
of judgment upon delay in payment of judgment. 45 H. 650, 372 P.2d 348.
Final judgment means the judgment entered after disposition
of an appeal to the supreme court. 50 H. 237, 437 P.2d 321.
Payment of post-judgment interest on award of fair market
value in leasehold condemnation. 72 H. 383, 819 P.2d 82.
Cited: 4 U.S.D.C. Haw. 748; 30 H. 1, 6; 31 H. 781, 784; 48
H. 349, 353, 402 P.2d 683.
Notes of Decisions
City & Cnty. of Honolulu v. BONDED INVEST. CO., LTD., 507 P.2d 1084 (Haw. 1973).
· cites it 14× “" HRS § 101-33 provides that, as a part of just compensation and damages, interest at the rate provided in HRS § 101-25 shall be given from the date of order of possession under HRS § 101-28, 29, until the final judgment is paid.”
State, by Atty. Gen. v. Pioneer Mill Co., 637 P.2d 1131 (Haw. 1981).
· cites it 9× “25 in the event the foregoing sums were not deposited within thirty days of the final judgment, as provided by HRS § 101-25. 11 Pioneer subsequently moved for attorneys’ fees, costs, and expenses, an award of post-judgment interest, and pre-judgment interest that had been…”
Hawaii Hous. Auth. v. Lyman, 704 P.2d 888 (Haw. 1985).
· cites it 6× “In effect, the court ruled that any such interest must be paid at the rate of five percent, pursuant to HRS §§ 101-25 and 101-33, and our decision in City & County of Honolulu v.”
Hous. Fin. & Dev. Corp. v. Takabuki, 921 P.2d 92 (Haw. 1996).
· cites it 10× “Instead, the Lessees and the HFDC argue that their deposits were made pursuant to HRS 101-25 (1985) [5] and represented payment of the amounts owed as per the final judgments entered by the circuit court i.”
Littleton v. State, 708 P.2d 829 (Haw. App. 1985).
· cites it 2× “The supreme court held that the term “final judgment” as used in the eminent domain *76 statute regarding the award of interest (now HRS § 101-25 (1976)) should be interpreted to mean the judgment entered after disposition of an appeal.”
Hous. Fin. & Dev. Corp. v. Castle, 819 P.2d 82 (Haw. 1991).
· cites it 6× “Since the court referred to HRS § 101-25, presumably it contemplated that, from the date of judgment until payment, appellants would receive interest at the statutory rate of 5% under that section on the total amount of the judgment.”
City & Cnty. of Honolulu v. Mkt. Place, Ltd., 517 P.2d 7 (Haw. 1973).
· cites it 2× “[4] HRS § 101-33 provides: If an order is made letting the plaintiff into possession as provided for in sections 101-28, 101-29, and 101-32, the final judgment shall include, as part of the just compensation and damages awarded, interest at the rate provided in section 101-25…”
Cnty. of Kauai v. Hanalei River Holdings Ltd.., 394 P.3d 741 (Haw. 2017).
“” 8 HRS § 101-33 (1993) provides in pertinent part: If an order is made letting the plaintiff into possession as provided for in sections 101-28, 101-29, and 101-32, the final judgment shall include, as part of the just compensation and damages awarded, interest at the rate…”
Cnty. of Kaua'i v. Hanalei River Holdings Ltd., 375 P.3d 250 (Haw. App. 2016).
“If an order is made letting the plaintiff into possession as provided for in sections 101— 28, 101-29, and 101-32, the final judgment shall include, as part of the just compensation and damages awarded, interest at the rate provided inj section 101-25 from the date of the order…”
HART v. Ward, 153 Haw. 462 (Haw. 2023).
· cites it 2× “We review the circuit 84 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** court decision to stay the accrual of interest for abuse of discretion. Under Hawaiʻi law, a condemnor who uses the HRS § 101- 29 “quick-take” procedure is required to estimate the…”
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