§264-2 Owned by government. The ownership of all public highways and the land, real estate and property of the same shall be in the government in fee simple. The term "government" as used herein means the State with reference to state highways and means the respective counties with reference to county highways. If any county highway is required by the State for state highway purposes, the ownership of the county highway shall be transferred to and vested in the State without compensation.
The governor may, at any time by executive order, turn over to any county, state land, in fee simple, for use as a county highway, and the county involved shall thereafter be responsible for its repair and maintenance as a county highway.
The ownership of all county highways is transferred to and vested in the respective counties in which the county highways lie. [L 1892, c 47, §5; RL 1925, §1893; RL 1935, §2341; RL 1945, §6112; RL 1955, §142-2; am L 1963, c 190, § §2, 4; am L 1965, c 221, §1; am L 1966, c 12, §2; HRS §264-2]
Attorney General Opinions
Counties are owners of county highways within their boundaries; title to highways on Hawaiian Home Lands not transferred to counties. Att. Gen. Op. 86-15.
Case Notes
Condemnation of territorial public highway by United States, damages. 188 F.2d 459 (1951).
Beneficial use is in public, use for private gain is special and extraordinary and subject to regulation. 34 H. 52 (1936).
Cited: 19 H. 468, 469 (1909).
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
264-1 Public highways and trails.
264-1.5 Emergency powers; traffic emergency zones.
264-2.1 County highways; ownership.
264-3 Disposal of abandoned public highway.
264-4 Restoration of boundary markers.
264-5 In lieu of other compensation.
264-6 State highway not to be disturbed without permit.
264-8 Specifications, standards, procedures.
264-9 Backfilling, repaving, repairing, expense of permit holder.
264-10 Deposit of fees, etc.; inspectors.
264-12 Penalty for violations.
264-13 Easements, etc., along state highways.
264-14 Permit and paving requirements.
264-15 Highway advance acquisition; source of funds.
264-16 State highway clearing accounts.
264-18 Use of highway fund for bikeways.
264-20 Flexibility in highway design; liability of State, counties, and public utilities.
264-20.7 Clean ground transportation goal.
264-22 State highway department.
264-25 Signs and markings on federal-aid highways.
264-26 Combination of federal and state funds.
264-28 Federal-aid projects; mandatory on council.
264-30 Transfers of county funds.
264-31 Maintenance of federal-aid highways.
264-32 Utility facility defined.
264-33 Relocation of utility facilities.
264-34 Portions of projects deemed one.
264-35 Assistance for displaced families and business.
264-36 Conformance with county general or master plans.
264-42 Authority to include other public highways in the state highway system.
264-44 Maintenance of state highway system.
264-61 Definition of a controlled-access facility.
264-62 Authority to establish controlled-access facilities.
264-63 Acquisition of property.
264-65 New and existing facilities; grade-crossing eliminations.
264-66 Authority to enter into agreements.
264-72 Control of outdoor advertising.
264-74 Removal of nonconforming outdoor advertising.
264-75 Compensation for removal of outdoor advertising.
264-76 Unlawful outdoor advertising.
264-79 Agreements with the United States authorized.
264-85 Junkyards lawfully in existence.
264-86 Requirement as to screening.
264-87 Authority to acquire interest in land for removal and screening of existing junkyards.
264-90 Agreements with the United States authorized.
264-101 Vending from highways prohibited.
264-122 Highway development special fund.
264-123 Authority to assess impact fees; needs assessment study.
264-124 Impact fees; director's consent.
264-125 Refund of impact fees to county.
264-127 Limitations on actions.
264-131 Sidewalk project priority lists.
264-142 Ground transportation facilities.