§264-3  Disposal of abandoned public
highway.  Whenever a public highway, or any portion thereof is at any time
vacated, closed, abandoned, or discontinued, the public highway shall be used
or disposed of for the use of the State in the case of a state highway as
provided by law and for the use of the county in which the highway lies in the
case of a county highway; provided that:



(1)  In the case of a county highway, before it is
disposed of in any way, it shall be first offered to the abutters for a reasonable
length of time and at a reasonable price, and if they do not take the county
highway, then it may be sold at public auction; and



(2)  If any county highway, the right-of-way for which
has been acquired in whole or in part by expenditure of federal funds, is
abandoned and disposed of, the necessary portion of the proceeds from the sale
thereof shall be remitted to the State for reimbursement or credit to the
Federal Highway Administration, if reimbursement or credit is so required. [L
1963, c 190, §3; am L 1965, c 221, §2; Supp, §142-2.5; HRS §264-3; am L 1993, c
288, §2]



 



Case Notes



 



  Implied dedication by designation of roadways on subdivision
maps.  1 H. App. 52, 613 P.2d 662.