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Hawaii Revised Statutes

Haw. Rev. Stat. § 101-7 (2026)

  Superior public use

✓ current as of July 2026
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     §101-7  Superior public use.  Property already appropriated to some public use may be taken by the State or a county in the manner and under the conditions provided by part III.  An easement over, across or under property not owned by the State or a county and devoted to public use may be taken by any other person enjoying the right of eminent domain where such taking will not substantially impair the use for which the property has previously been appropriated. [L 1951, c 12, §1(f); RL 1955, §8-7; HRS §101-7]

 

Case Notes

 

  Not applicable unless state or county owns the land.  70 H. 18, 757 P.2d 647.

 

Notes of Decisions
Cited in 3 cases, 1988–2006 · leading case: City & Cnty. of Honolulu v. Ing, 58 P.3d 1229 (Haw. 2002).
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City & Cnty. of Honolulu v. Ing, 58 P.3d 1229 (Haw. 2002). · cites it 2× “On February 22, 1999, the Trustees filed their answer to the City’s amended complaint, in which they denied, inter alia, that “the use for which the property sought to be condemned is a public use or a superior public use within the meaning of [HRS] § 101-7” and demanded a…”
City & Cnty. of Honolulu v. F. E. Trotter, Inc., 757 P.2d 647 (Haw. 1988). · cites it 6× “ORI bases this assertion on HRS §§ 101-7, 4 101-51, 5 101-53, 6 and case law.”
City & Cnty. of Honolulu v. Sherman, 129 P.3d 542 (Haw. 2006). “If the defendant in the defendant's answer, or in return to the order to show cause, issued under section 101-28, denies that the use for which the property sought to be condemned is a public use, or a superior public use within the meaning of section 101-7, the issue may, upon…”
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