§101-7  Superior public use.  Propertyalready appropriated to some public use may be taken by the State or a countyin 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 topublic use may be taken by any other person enjoying the right of eminentdomain where such taking will not substantially impair the use for which theproperty 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.