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

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

(2)  If any county highway, the right-of-way for whichhas been acquired in whole or in part by expenditure of federal funds, isabandoned and disposed of, the necessary portion of the proceeds from the salethereof shall be remitted to the State for reimbursement or credit to theFederal Highway Administration, if reimbursement or credit is so required. [L1963, c 190, §3; am L 1965, c 221, §2; Supp, §142-2.5; HRS §264-3; am L 1993, c288, §2]

 

Case Notes

 

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