PART IV. REAL AND PERSONAL PROPERTY

 

§46-61  Eminent domain; purposes for takingproperty.  Each county shall have the following specific powers:  To takeprivate property for the purpose of establishing, laying out, extending andwidening streets, avenues, boulevards, alleys, and other public highways androads; for pumping stations, waterworks, reservoirs, wells, jails, police andfire stations, city halls, office and other public buildings, cemeteries,parks, playgrounds and public squares, public off-street parking facilities andaccommodations, land from which to obtain earth, gravel, stones, and othermaterial for the construction of roads and other public works and forrights-of-way for drains, sewers, pipe lines, aqueducts, and other conduits fordistributing water to the public; for flood control; for reclamation of swamplands; and other public uses within the purview of section 101-2 and also totake such excess over that needed for such public use or public improvement incases where small remnants would otherwise be left or where other justifiablecause necessitates the taking to protect and preserve the contemplatedimprovement or public policy demands, the taking in connection with theimprovement, and to sell or lease the excess property with such restrictions asmay be dictated by considerations of public policy in order to protect andpreserve the improvement; provided that when the excess property is disposed ofby any county it shall be first offered to the abutting owners for a reasonablelength of time and at a reasonable price and if such owners fail to take thesame 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, §5and 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. LandManagement Systems.  17 UH L. Rev. 193.

 

Case Notes

 

  In condemnation of land, proper party plaintiff is theTerritory 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 countiesof authority to enact ordinances allowing for condemnation of land for anyparticular public purpose.  76 H. 46, 868 P.2d 1193.