§516-24 Compensation. The compensation
to be paid for the leased fee interest in a residential houselot within a tract
shall be the owner's basis as defined in section 516-1. The compensation shall
be determined as of the date of the summons of the complaint in eminent domain.
[L 1967, c 307, §13; HRS §516-24; am L 1968, c 46, §2e; am L 1975, c 184, §2(8);
am L 1983, c 204, §2]
Revision Note
Section "516-1" substituted for
"516-1(14)".
Case Notes
Chapter does not deprive landowners of just compensation. 68
H. 55, 704 P.2d 888 (1985).
Procedure for determining blight of summons damages in
leasehold conversion cases. 69 H. 247, 739 P.2d 248 (1987).
Calculation of blight of summons damages as part of just
compensation under leasehold condemnation. 72 H. 383, 819 P.2d 82 (1991).
Notes of Decisions
Cited in
6
cases, 1979–1995 · leading case:
Midkiff v. Tom, 471 F. Supp. 871 (D. Haw. 1979).
Midkiff v. Tom, 471 F. Supp. 871 (D. Haw. 1979).
· cites it 9× “Haw.Rev.Stat. § 516-24 (Act 307 § 13) was amended to provide that the “compensation to be paid for the leased fee interest in a residential houselot within a [development] tract shall be the owner’s basis as defined in section 516-1(14).”
Hawaii Hous. Auth. v. Lyman, 704 P.2d 888 (Haw. 1985).
· cites it 2× “shall be the owner’s basis as defined in section 516-1(14),” HRS § 516-24 (Supp. 1984), and “ ‘[ojwner’s basis’ means the value of the lessor’s leased fee interest in the lot that would apply if such interests were normally traded on an open market.”
Midkiff v. Comm'r, 96 T.C. 724 (Tax Ct. 1991).
· cites it 2× “516-24 (1985). The valuation date was changed so that the date in a condemnation action under the HLRA would be in conformity with the valuation date under general Hawaii condemnation law.”
Hawaii Hous. Auth. v. Midkiff, 739 P.2d 248 (Haw. 1987).
· cites it 4× “The same provision as to other eminent domain actions is made in HRS § 101-24.”
Hous. Fin. & Dev. Corp. v. Harold K.L. Castle Found., 901 P.2d 1300 (Haw. App. 1995).
· cites it 4× “1992) defines “owner’s basis” as follows: “Owner’s basis” means the value of the lessor’s leased fee interest in the lot that would apply if such interests were normally traded on an open market.”
Peterson v. Comm'r, 61 T.C.M. 2678 (Tax Ct. 1991).
· cites it 2× “As in effect for the year in which the condemnation action in this case was commenced, the amount of compensation to be paid to the lessor was determined by valuing the leased fees as of the date of designation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.