§265A-1  County authority.  The severalcouncils or other governing bodies of the several political subdivisions of theState shall have the general supervision, charge, and control of, and the dutyto maintain and repair, all county highways, bikeways, and sidewalks and shallhave the power to determine the terms under which irrigation or drainageditches, flumes, railroads, including plantation railroads and similarstructures, telephone, electric light and power lines and pipes and otherconduits may be maintained upon, under, over, and across the same, and thecouncils or other governing bodies may make all regulations needful for thepublic convenience and safety in all cases where permission has been or may begranted to maintain the ditches, railroads, pipes, or other structures across,under, over, and upon all county highways.  Any other law to the contrarynotwithstanding, the several counties by ordinance may take over, or receive bydedication or otherwise, any private street or way or may improve, grade,repair, or do any construction work upon private streets, ways, pavement, waterlines, street lighting systems, or sewer repairs. [L 1981, c 4, §2; am L 1988,c 263, §9]

 

Cross References

 

  Driving upon bikeway, see §291C-123.

  Driving upon sidewalk, see §291C-148.

 

Attorney General Opinions

 

  County highways on Hawaiian Home Lands required to bemaintained by counties but title not transferred.  Att. Gen. Op. 86-15.

  State not required to share cost of maintaining publichighways.  Att. Gen. Op. 86-15.

 

Case Notes

 

  While the fact that the privately owned road was platted on asubdivision map, that this section authorized counties to repair and maintainprivate streets, and §46-16 authorized counties to regulate traffic on privatestreets, and each of these factors was significant in determining which partyor parties had control of the private roadway, appellate court erred inconcluding as a matter of law that defendant property owners did not controlroadway and thus had no duty to maintain, repair, or warn of a dangerouscondition; the issue of control of the roadway was a question of fact for thejury.  103 H. 385, 83 P.3d 100.