PART IV. 
REAL AND PERSONAL PROPERTY



 



§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.