EMINENT DOMAIN; RECORDING

     §501-166  Eminent domain; recording procedure.  Whenever any land of a registered owner, or any right or interest therein, is taken by eminent domain, the State or body politic or corporate or other authority exercising the right shall file for registration with the assistant registrar a description of the registered land so taken, giving the name of each owner thereof, referring by number and place of registration in the registration book to each certificate of title, and stating what estate or interest in the land is taken, and for what purpose.  A memorandum of the right or interest taken shall be made on each certificate of title by the assistant registrar, and where the fee simple is taken a new certificate shall be entered to the owner for the land remaining to the owner after the taking.  In any case where the owner has a lien upon the land taken for the owner's damages, it shall be so stated in the memorandum of registration.  All fees on account of any memorandum of registration or entry of new certificates shall be paid by the State or body politic or corporate or other authority taking the land. [L 1903, c 56, §90; RL 1925, §3279; RL 1935, §5087; RL 1945, §12687; RL 1955, §342-87; HRS §501-166; gen ch 1985]

Rules of Court

  New certificate of title, see RLC rule 59(l).

Case Notes

  Cited re state supreme court's relocation of seaward boundary of land.  402 F. Supp. 95 (1975).

  Issuance of new certificate to reflect acquisition by condemnation may be compelled.  31 H. 781 (1931), aff'd 61 F.2d 896 (1932).