City and County of Honolulu v. United States

This appeal is from a judgment awarding to appellant (the City and County of Honolulu) and the Territory of Hawaii the sum of $1 as just compensation for land condemned and taken by appellee (the United States) in a proceeding instituted for that purpose.

The proceeding was instituted by filing a petition on January 8, 1946. In the petition, appellant and the Territory were named as defendants. The Territory filed an appearance on January 10, 1946, but never filed an answer. Appellant filed an appearance on January 16, 1946, and an answer on June 29, 1946. On March 31, 1947, appellee filed a declaration of taking and deposited in the registry of the court the sum estimated to be just compensation for the condemned land. A stipulation was filed on March 24, 1948. Thereafter a hearing was had, resulting in the judgment here appealed from.

The condemned land consisted of public highways, all of which were on the island of Oahu and hence were within appellant’s corporate limits, but were owned by the Territory, not by appellant. However, in and by the stipulation, appellant and the Territory agreed that, for the purposes of this proceeding, appellant should be deemed to be the owner…