§ 101.53

§101-53 Property already appropriated to a public purpose. Whenever the public property sought to be acquired has already been appropriated to some public purpose, in order that the property be acquired by the petitioner it must appear that the use to which the property is sought to be put is more necessary than the purpose to which it has already been appropriated. [L 1949, c 377, pt of §1; RL 1955, §8-52; HRS §101-53] Case Notes Condemnation by railroad company of public property held as navigable waters denied. 11 H. 717. Not applicable unless State or county owns the land. 70 H. 18, 757 P.2d 647.