Eminent Domain Appraisal for
Just Compensation in Hawaiʻi
When public projects require private land, the value of what is taken, and what is left, must be measured precisely. The Benavente Group provides eminent domain and condemnation appraisals across Hawaiʻi and the Pacific for government agencies, property owners and the attorneys who represent them.
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High Stakes,
Close Scrutiny
Few appraisal assignments carry higher stakes or closer scrutiny. Condemnation valuation follows its own legal rules: a fixed valuation date, the larger parcel concept, severance damages and special benefits. Mainland experience doesn't automatically translate to Hawaiʻi. Our MAI-designated appraisers combine that legal framework with deep knowledge of island land, leasehold interests and the thin sales data that make Hawaiʻi takings so difficult to value.
Agencies, Owners and
Condemnation Counsel
| Client | How we help |
|---|---|
| 01State and county agencies | How we helpAcquisitions for roads, transit, utilities, parks and public facilities. |
| 02Federal agencies and contractors | How we helpAcquisitions requiring Yellow Book (UASFLA) standards. |
| 03Property owners and their attorneys | How we helpIndependent analysis of the condemning authority's offer. |
We accept assignments matter by matter after a conflict check, so our independence is never in question.
Projects that commonly require acquisitions
- Highway widening and new interchanges
- Transit alignments and stations
- Water, sewer and drainage improvements
- Utility corridors
- Harbor and airport expansion
- School and park sites
- Shoreline protection
Each raises different questions about access, utility and the remainder's value.
Valuation for Every
Stage of a Taking
| Assignment | What it answers |
|---|---|
| Whole taking | What it answersMarket value of the entire property as of the valuation date |
| Partial taking | What it answersValue of the part taken plus damage to the remainder, using the before-and-after method |
| Severance damages | What it answersLoss in value to the remaining property caused by the taking |
| Special benefits | What it answersAny increase in the remainder's value from the public project |
| Right-of-way and easement appraisal | What it answersValue of permanent and temporary easements and access changes |
| Inverse condemnation | What it answersValue lost when government action effectively takes property without formal proceedings |
| Appraisal review | What it answersReview of the opposing or agency appraisal |
| Testimony | What it answersDeposition and trial testimony in condemnation proceedings |
Partial Takings: Measuring What Is
Taken and What Is Left
Most acquisitions take only part of a property: a strip along a frontage, a corner for an intersection, or an easement for a utility line. The value of the part taken is only half the question. The other half is what happens to the remainder.
We use the before-and-after method
Before value
The market value of the larger parcel as a whole, as of the date of summons, before the taking.
After value
The market value of the remainder after the taking, considering the project as proposed.
The difference
The loss in value, which includes the part taken and any damage to the remainder.
Where the project changes access, parking, visibility, building setbacks or the usable shape of the site, the remainder can lose value well beyond the land taken. Equally, a project can benefit a remainder, for example through new frontage or better access. Hawaiʻi law addresses how special benefits are treated. Our guide to special benefits in eminent domain explains the issue.
The Larger
Parcel
Identifying the larger parcel is often the first contested question. It is the property against which the taking is measured, and may include adjoining lots under common ownership and unified use, even if they have separate tax map keys. Defining it correctly can change the result significantly, and we address it explicitly in every report.
Hawaiʻi's Rules Shape
the Valuation
Under HRS §101-24, compensation and damages are measured as of the date of summons, and improvements added after the summons is served are excluded. A value dated even weeks from that date can be challenged. We tie every analysis to the correct date from the start.
Island conditions add more. Takings often involve leasehold interests, agricultural or conservation land, and remainders whose access or utility changes sharply. Thin sales data means every adjustment for size, shape and access must be explained, not assumed.
Leasehold and multiple interests
When land under a ground lease is taken, compensation may need to be divided among the fee owner, the lessee and any sublessees. Hawaiʻi courts have applied the undivided fee rule in some cases, valuing the property as a whole before apportionment. We value the property and analyze the interests as the legal framework requires, working closely with counsel.
Blight of summons
Where a property's use or value is affected between the date of summons and payment, Hawaiʻi law may provide for blight of summons damages. We work with counsel on the valuation evidence these claims require.
This page is general information, not legal advice.
Yellow Book Appraisal
and the Uniform Act
Acquisitions by federal agencies generally require appraisals under the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA, or the Yellow Book). The Yellow Book differs from USPAP in important ways. It treats the larger parcel, project influence and highest and best use in its own way, and generally requires the appraiser to disregard the project's influence on value.
Many state and county projects funded with federal money must also follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act. We prepare reports that meet the standard the acquiring agency requires.
From Project Plans to
Final Compensation
- 01
Review the taking
Right-of-way plans, legal descriptions, and the before and after condition of the property. - 02
Inspect and research
Site inspection with the owner where appropriate, county records, zoning and comparable sales. - 03
Value before and after
Market value of the larger parcel, the part taken and the remainder, with damages and benefits identified. - 04
Report and testify
A report that meets state, federal or Yellow Book standards as required, with testimony if the case proceeds.
When the Government Wants Your Property
If you've received a notice of intent to acquire or an offer from an agency, an independent appraisal is the clearest way to test it. The agency's appraisal may undervalue the remainder damages, use the wrong larger parcel, or overlook a higher and better use.
We value the property independently and explain our findings to you and your attorney in plain terms. If the matter goes to trial, we testify to our conclusions. Our guide to eminent domain in real estate is a helpful starting point.
Supportable Offers, Fewer Disputes
For acquiring agencies, a well-supported appraisal leads to offers that owners are more likely to accept and that hold up if challenged.
We deliver reports to fit project timelines, coordinate with right-of-way staff and review appraisers, and prepare clear exhibits for negotiations and hearings. Our right-of-way appraisal guide covers the process in more depth.
What Our Clients Say
I again extend my appreciation for the excellent client service that I have experienced with our TBG relationship as well as for the preeminent market knowledge and appraisal expertise that you bring to every assignment!
Frequently Asked
Questions
- Generally, the market value of the property taken plus any damage to the remainder. Our guide to just compensation in eminent domain covers it in depth.
- In Hawaiʻi condemnation actions, the date of summons, under HRS §101-24.
- Both, on separate matters after a conflict check.
- An appraisal under the Uniform Appraisal Standards for Federal Land Acquisitions, required for many federal acquisitions. See our Yellow Book guide.
- An independent appraisal shows whether the offer reflects market value and any severance damages. Your attorney can advise on timing.
- A procedure allowing the condemning authority to take possession before compensation is finally decided, usually after depositing estimated compensation with the court. See our guide to quick take in eminent domain.
- A claim by an owner that government action has effectively taken or damaged property without formal condemnation. We value the loss as in any taking. See our inverse condemnation guide.
- Generally, yes. Value is usually measured as a rental value for the land used over the term of the easement, plus any lasting damage.
- It depends on the proceeding. Our guide to bench trials vs jury trials in eminent domain explains the difference.
Discuss an
Acquisition
Tell us about the project, the property and the key dates, including any date of summons. We will run a conflict check and respond promptly with scope and next steps.
Prefer to talk? Call (808) 784-4320