2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 15. TRANSPORTATION AND UTILITIES
264. Highways
§264-1 Public highways and trails.

PART I. HIGHWAYS, GENERALLY

§264-1 Public highways and trails. (a) All roads, alleys, streets, ways, lanes, bikeways, bridges, and all other real property highway related interests in the State, opened, laid out, subdivided, consolidated, and acquired and built by the government are declared to be public highways. Public highways are of two types:

(1) State highways, which are those lands, interests, or other real property rights, as defined above, having an alignment or possession of a real property highway related interest as established by law, subdivided and acquired in accordance with policies and procedures of the department of transportation, separate and exempt from any county subdivision ordinances, and all those under the jurisdiction of the department of transportation; and

(2) County highways, which are all other public highways.

(b) All trails, and other nonvehicular rights-of-way in the State declared to be public rights-of-ways by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as nonvehicular public rights-of-way at any time thereafter, or in the future, are declared to be public trails. A public trail is under the jurisdiction of the state board of land and natural resources unless it was created by or dedicated to a particular county, in which case it shall be under the jurisdiction of that county.

(c) All roads, alleys, streets, ways, lanes, trails, bikeways, and bridges in the State, opened, laid out, or built by private parties and dedicated or surrendered to the public use, are declared to be public highways or public trails as follows:

(1) Dedication of public highways or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway or trail and naming the county as grantee in the case of a county highway or trail. The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway or the board of land and natural resources in the case of a state trail. In the case of a county highway or county trail, the deed shall be delivered to and accepted by the legislative body of a county.

(2) Surrender of public highways or trails shall be deemed to have taken place if no act of ownership by the owner of the road, alley, street, bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case of a county highway, in addition thereto, the legislative body of the county has, thereafter, by a resolution, adopted the same as a county highway or trail.

In every case where the road, alley, street, bikeway, way, lane, trail, bridge, or highway is constructed and completed as required by any ordinance of the county or any rule, regulation, or resolution thereof having the effect of law, the legislative body of the county shall accept the dedication or surrender of the same without exercise of discretion.

(d) All county public highways and trails once established shall continue until vacated, closed, abandoned, or discontinued by a resolution of the legislative body of the county wherein the county highway or trail lies. All state trails once established shall continue until lawfully disposed of pursuant to the requirements of chapter 171. [L 1892, c 47, §2; RL 1945, §6111; am L 1947, c 142, pt of §1; am L 1949, c 74, §2; RL 1955, §142-1; am L 1957, c 155, §1; am L 1963, c 190, §1; HRS §264-1; am L 1977, c 68, §4; am L 1988, c 150, §1; am L 2008, c 12, §1]

Cross References

Construction of facilities for physically handicapped persons, see §286-9.

Highways, maintenance, see §27-31.

Attorney General Opinions

Public highway does not include proposed road not yet constructed. Att. Gen. Op. 63-54.

Case Notes

In absence of statute no particular form or ceremony is requisite in the dedication. 2 H. 118.

Defendant claiming right-of-way as a public highway cannot extend such right by using path in different or enlarged manner than usual custom. 2 H. 307.

Implied consent. 17 H. 523.

Territory cannot acquire fee in public highway by legislative enactment; only by condemnation or consent of owner. 17 H. 523.

A public highway can be closed only by the method prescribed by statute. 19 H. 168.

Lease of public land does not extinguish a highway existing across it. 19 H. 168.

Park road not public. 38 H. 592.

Seawall used as a public thoroughfare is included in term "public highways". 50 H. 497, 443 P.2d 142.

State which holds open a public thoroughfare for travel has duty to maintain it in condition safe for travel. 50 H. 497, 443 P.2d 142.

Ownership of fee underlying a road built by private parties and abandoned to the public. 50 H. 567, 445 P.2d 538.

Implied dedication by designation of roadways on subdivision maps. 55 H. 305, 517 P.2d 779.

A responsible government has a duty to keep its highways in safe condition. 57 H. 656, 562 P.2d 436.

Not applicable where trustees did not build or lay out a trail to the general public. 73 H. 297, 832 P.2d 724.

A highway is not a county highway unless it is accepted or adopted as such by the county council. 2 H. App. 387, 633 P.2d 1118; 6 H. App. 414, 724 P.2d 118.

A public highway is not a state highway unless it is designated for inclusion in the state highway system under §264-41. 2 H. App. 387, 633 P.2d 1118.

Cited: 29 H. 820, 822, aff'd 188 F.2d 459.