§516-56 Eminent domain trial. The
parties to the eminent domain action brought under this chapter shall be the corporation
as plaintiff and the lessees and all other necessary parties as defendants.
The corporation does not have the burden of proof in establishing the fair
market value of the leased fee interest being acquired. Instead, all parties,
including the corporation, shall be given an opportunity to present evidence of
the fair market value of the leased fee interest being acquired. [L 1983, c
203, §3; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1991, c 154, §1; am
L 2005, c 196, §26(b); am L 2006, c 180, §16]
Case Notes
Pursuant to this section, defendant, because defendant was a
lessee of disputed property, was named as co-defendant in condemnation action;
defendant had standing to move to set aside the action in which defendant was
named a party. 77 H. 144, 883 P.2d 65 (1994).
Notes of Decisions
Hous. Fin. & Dev. Corp. v. Ferguson, 979 P.2d 1107 (Haw. 1999).
· cites it 8× “HRS § 516-56 grants each party in a chapter 516 condemnation action the opportunity to present evidence of fair market value at trial, but does not require the trial court to grant the parties rebuttal or surre-buttal.”
Hous. Fin. & Dev. Corp. v. Takabuki, 921 P.2d 92 (Haw. 1996).
· cites it 16× “Finally, we note that the mere fact that lessees whose lots are designated by the HFDC are individually named as defendants in the condemnation action pursuant to HRS § 516-56 (1993) [18] does not give the circuit *103 court the authority to enter separate judgments with respect…”
Hawai'i Hous. Auth. v. Uyehara, 883 P.2d 65 (Haw. 1994).
· cites it 6× “Moreover, pursuant to HRS § 516-56, 3 Uyehara, because he is a lessee of the disputed property, was named as a co-defendant along with the Trustees in the condemnation action.”
Hawaii Hous. Auth. v. Lyman, 704 P.2d 888 (Haw. 1985).
· cites it 3× “HRS § 516-56 (Supp. 1984). This case, however, was tried prior to this amendment to the Act.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.