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Hawaii Revised Statutes

Haw. Rev. Stat. § 101-41 (2025)

  Special power of eminent domain

✓ laws through the 2025 session: the 2026 session is not included
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PART II.  IRRIGATION CORPORATIONS

 

     §101-41  Special power of eminent domain.  Corporations organized to develop, store, convey, distribute, and transmit water for irrigation, and which shall have at least $50,000 of fully paid in capital represented by cash or by tangible property of a market value equal to the amount at which the property is entered as assets on the books of the company, shall have the right to exercise the power of eminent domain as hereinafter provided. [L 1911, c 124, §1; RL 1925, §828; RL 1935, §71; RL 1945, §323; RL 1955, §8-38; HRS §101-41]

 

Case Notes

 

  Cited:  74 F.2d 596, 601; 36 H. 692, 694, 698.

 

Notes of Decisions
Cited in 1 case, 1977–1977 · leading case: Robinson v. Ariyoshi, 441 F. Supp. 559 (D. Haw. 1977).
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Robinson v. Ariyoshi, 441 F. Supp. 559 (D. Haw. 1977). “1911 (now § 101-41, 101-42 HRS). 53. At least since 1880 taxing statutes of the Kingdom and succeeding governments have recognized that surface water severed from its land of origin is taxable as property, per se (L.”
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