§264-2  Owned by government.  Theownership of all public highways and the land, real estate and property of thesame shall be in the government in fee simple.  The term "government"as used herein means the State with reference to state highways and means therespective counties with reference to county highways.  If any county highwayis required by the State for state highway purposes, the ownership of thecounty highway shall be transferred to and vested in the State withoutcompensation.

The governor may, at any time by executiveorder, turn over to any county, state land, in fee simple, for use as a countyhighway, and the county involved shall thereafter be responsible for its repairand maintenance as a county highway.

The ownership of all county highways istransferred to and vested in the respective counties in which the countyhighways 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 L1966, c 12, §2; HRS §264-2]

 

Attorney General Opinions

 

  Counties are owners of county highways within theirboundaries; title to highways on Hawaiian Home Lands not transferred tocounties.  Att. Gen. Op. 86-15.

 

Case Notes

 

  Condemnation of territorial public highway by United States, damages.  188 F.2d 459.

  Beneficial use is in public, use for private gain is specialand extraordinary and subject to regulation.  34 H. 52.

  Cited:  19 H. 468, 469.