§101-7  Superior public use.  Property
already appropriated to some public use may be taken by the State or a county
in the manner and under the conditions provided by part III.  An easement over,
across or under property not owned by the State or a county and devoted to
public use may be taken by any other person enjoying the right of eminent
domain where such taking will not substantially impair the use for which the
property has previously been appropriated. [L 1951, c 12, §1(f); RL 1955, §8-7;
HRS §101-7]



 



Case Notes



 



  Not applicable unless state or county owns the land.  70 H.
18, 757 P.2d 647.