Bill Text: HI SB292 | 2014 | Regular Session | Introduced

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Bill Title: Eminent domain; Fees and costs

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB292 Detail]

Download: Hawaii-2014-SB292-Introduced.html

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THE SENATE	S.B. NO.	292
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to eminent domain.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 101, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§101-    Award of attorney's fees, witness fees and costs to defendant; conditions to award.  (a) Whenever any proceeding instituted under this part is held to determine the amount of compensation or damages to be awarded to any person in occupation of or having a claim or interest in any property, the court shall award the defendant's reasonable attorney's fees, appraisal costs, and expert witness fees in the event that the judgment awarded as a result of the trial exceeds by ten percent or more the plaintiff's original statement of the sum of money estimated to be just compensation or damages.

(b)  The attorney general or other attorney representing a plaintiff in effecting a settlement of an eminent domain proceeding may allow to the defendant reasonable attorney fees, appraisal costs, and expert witness fees."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Eminent domain; Fees and costs

 

Description:

Provides that the court shall award reasonable attorney's fees, appraisal cost, and expert witness fees if the judgment on compensation or damages exceeds the plaintiff's original written statement by ten per cent or more and allows payment in settlement.

 

 

 

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