§264-2  Owned by government.  The
ownership of all public highways and the land, real estate and property of the
same shall be in the government in fee simple.  The term "government"
as used herein means the State with reference to state highways and means the
respective counties with reference to county highways.  If any county highway
is required by the State for state highway purposes, the ownership of the
county highway shall be transferred to and vested in the State without
compensation.



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



The ownership of all county highways is
transferred to and vested in the respective counties in which the county
highways 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 L
1966, c 12, §2; HRS §264-2]



 



Attorney General Opinions



 



  Counties are owners of county highways within their
boundaries; title to highways on Hawaiian Home Lands not transferred to
counties.  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 special
and extraordinary and subject to regulation.  34 H. 52.



  Cited:  19 H. 468, 469.