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).



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