On behalf of the property owner, we’ve filed a Motion for Reconsideration (filed May 1, 2009) of the Hawaii Supreme Court’s latest opinion in which the court held that a condemnee who appeals the denial ofdamages for a failed taking is entitled to damages it sustains onappeal. The opinion had three points that merited correction:
- Haw. Rev. Stat. § 101-27 requires the condemnor to pay all damages sustained by the property owner when a taking is ultimately unsuccessful, even if the condemnor prevailed on intermediate steps in the case.
- Work that may not appear to have been recorded separately was in fact separated (there were two concurrent condemnation attempts, and two appeals).
- Under section 101-27, the property owner is entitled to recover all “costs of court” and is not subject to a “reasonableness” inquiry.
More to follow when the court renders its decision. Update: forgot to add that the court by order (posted here) suspended the usual 10-day automatic denial rule, and extended the deadline through June 1, 2009.