Hawaii Revised Statutes
Haw. Rev. Stat. § 263-3 (2025)
Ownership of space
✓ laws through the 2025 session: the 2026 session is not included
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§263-3 Ownership of space. The ownership of the space above the lands and waters of the State is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 263-4. [L 1923, c 109, §3; RL 1925, §3893; RL 1935, §6977; RL 1945, §4923; RL 1955, §16-3; HRS §263-3]
Notes of Decisions
Cited in 1
case, 1977–1977 · leading case: State v. Stachler, 570 P.2d 1323 (Haw. 1977).
State v. Stachler, 570 P.2d 1323 (Haw. 1977). “HRS § 263-4 provides that flight in aircraft over the lands and waters of the State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water is put by the owner; or unless so conducted as…”
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