46-61 Eminent domain; purposes for taking property. Each county shall have the following specific powers: To take private property for the purpose of establishing, laying out, extending and widening streets, avenues, boulevards, alleys, and other public highways and roads; for pumping stations, waterworks, reservoirs, wells, jails, police and fire stations, city halls, office and other public buildings, cemeteries, parks, playgrounds and public squares, public off-street parking facilities and accommodations, land from which to obtain earth, gravel, stones, and other material for the construction of roads and other public works and for rights-of-way for drains, sewers, pipe lines, aqueducts, and other conduits for distributing water to the public; for flood control; for reclamation of swamp lands; and other public uses within the purview of section 101-2 and also to take such excess over that needed for such public use or public improvement in cases where small remnants would otherwise be left or where other justifiable cause necessitates the taking to protect and preserve the contemplated improvement or public policy demands, the taking in connection with the improvement, and to sell or lease the excess property with such restrictions as may be dictated by considerations of public policy in order to protect and preserve the improvement; provided that when the excess property is disposed of by any county it shall be first offered to the abutting owners for a reasonable length of time and at a reasonable price and if such owners fail to take the same then it may be sold at public auction. [L 1907, c 67, 1; am L 1913, c 97, 1; am L 1919, c 170, 1; RL 1925, 1952; RL 1935, 2300; am L 1937, c 184, 6; am L 1941, c 53, 1; am L 1943, c 153, 1; RL 1945, 6101; am L 1951, c 12, 5 and c 96, 1; RL 1955, 141-1; am imp L 1965, c 97, 1; HRS 46-61]


Law Journals and Reviews


Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193.


Case Notes


In condemnation of land, proper party plaintiff is the Territory and not the superintendent of public works of the Territory. 20 H. 365.

This section, 46-62, and 101-2 neither limit counties' general power of eminent domain as set out in 46-1.5(6), nor divest counties of authority to enact ordinances allowing for condemnation of land for any particular public purpose. 76 H. 46, 868 P.2d 1193.



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