Hawaii Revised Statutes

Haw. Rev. Stat. § 264-1 (2026)

Public highways and trails

✓ current as of July 2026

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PART I. HIGHWAYS, GENERALLY

§264-1 Public highways and trails. (a) All highways, 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 highways, roads, alleys, streets, ways, lanes, bikeways, bridges, and trails in the State, opened, laid out, or built by private parties and dedicated or condemned to the public use, are declared to be public highways or public trails as follows:

(1) Dedication of public highways, roads, alleys, streets, ways, lanes, bikeways, bridges, or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway, road, alley, street, way, lane, bikeway, bridge, or trail and naming the county as grantee in the case of a county highway, road, alley, street, way, lane, bikeway, bridge, or trail. The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway, road, alley, street, way, lane, bikeway, or bridge, or the board of land and natural resources in the case of a state trail. In the case of a county highway, road, alley, street, way, lane, bikeway, bridge, or trail, the deed shall be delivered to and accepted by the legislative body of a county; provided that in every case where the highway, road, alley, street, way, lane, bikeway, bridge, or trail 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 of the same without exercise of discretion; and

(2) Condemnation of public highways, roads, alleys, streets, ways, lanes, bikeways, bridges, or trails initiated by the State or county pursuant to chapter 101 shall be by final order of condemnation by a court; provided that any private owner of a highway, road, alley, street, way, lane, bikeway, bridge, or trail may petition the mayor of the county in which the highway, road, alley, street, way, lane, bikeway, bridge, or trail is located to initiate condemnation proceedings if the highway, road, alley, street, way, lane, bikeway, bridge, or trail is part of a public road, ownership has not been exercised by limiting use or access, or the State or county has provided some form of maintenance to the highway, road, alley, street, way, lane, bikeway, bridge, or trail in the interest of the public; provided further that a private owner may only petition the mayor of a county after the dissolution of the roads commission established by Act 194, Session Laws of Hawaii 2016; provided further that in every case where the highway, road, alley, street, way, lane, bikeway, bridge, or trail is constructed and completed as required by any ordinance of the county or any rule, regulation, or resolution thereof having the effect of law at the time of construction and completion, the highway, road, alley, street, way, lane, bikeway, bridge, or trail shall be exempt from meeting the construction standards in place at the time of condemnation by the State or county.

(d) If a privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail has been condemned by the State or county pursuant to subsection (c), the State or county shall be exempt for a period of three years from any state laws or rules adopted pursuant thereto that would require the State or county to perform construction, reconstruction, preservation, resurfacing, restoration, or rehabilitation upon it. The State and counties may only be held jointly and severally liable for acts or omissions that occurred after the condemnation of a highway, road, alley, street, way, lane, bikeway, bridge, or trail.

(e) 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.

(f) A privately owned highway, road, alley, street, way, lane, bikeway, or bridge that has been condemned by the State or county pursuant to subsection (c) may be accorded flexibility in design, including limitations of liability, pursuant to section 264-20, in consideration of the unique nature and limitations associated with property dedicated or condemned to public use. [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; am L 2016, c 194, §3; am L 2022, c 123, §2]

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.

Law Journals and Reviews

Implementing PASH and Its Progeny Within DLNR. 43 UH L. Rev. 420 (2021).

Case Notes

In absence of statute no particular form or ceremony is requisite in the dedication. 2 H. 118 (1858).

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 (1860).

Implied consent. 17 H. 523 (1906).

Territory cannot acquire fee in public highway by legislative enactment; only by condemnation or consent of owner. 17 H. 523 (1906).

A public highway can be closed only by the method prescribed by statute. 19 H. 168 (1908).

Lease of public land does not extinguish a highway existing across it. 19 H. 168 (1908).

Park road not public. 38 H. 592 (1950).

Seawall used as a public thoroughfare is included in term "public highways". 50 H. 497, 443 P.2d 142 (1968).

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 (1968).

Ownership of fee underlying a road built by private parties and abandoned to the public. 50 H. 567, 445 P.2d 538 (1968).

Implied dedication by designation of roadways on subdivision maps. 55 H. 305, 517 P.2d 779 (1973).

A responsible government has a duty to keep its highways in safe condition. 57 H. 656, 562 P.2d 436 (1977).

Not applicable where trustees did not build or lay out a trail to the general public. 73 H. 297, 832 P.2d 724 (1992).

Circuit court correctly determined that the State obtained an easement over and across seawall pursuant to the common law doctrine of implied dedication because subsection (c)(1) and §§171-30, 26-7, 107-10, and 520-7 do not "imperatively require" abrogation of common law implied dedication, nor do they evince an express legislative intent to do so. However, the State did not own the seawall or the real property underneath the seawall by virtue of surrender because the State held no preexisting express easements over portions of the seawall subject to subsection (c)(2). 140 H. 437, 403 P.3d 214 (2017).

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 (1981); 6 H. App. 414, 724 P.2d 118 (1986).

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 (1981).

Cited: 29 H. 820, 822 (1927), aff'd 188 F.2d 459 (1951).

Notes of Decisions

Cited in 16 cases (7 in the last 5 years), 1981–2026 · leading case: Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017).

Sort: Relevance Newest Treatment

Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017). · cites it 276× “Further, the State argued that the Seawall could not be surrendered to the State because it was not a “trail” or “public highway” within the meaning of HRS § 264-1, and, thus, 15 The State also contended that the circuit court lacked jurisdiction, arguing that the declaratory…”

Wemple ex rel. Dang v. Dahman, 72 P.3d 499 (Haw. App. 2002). · cites it 36× “The Highways Act of 1892, as amended, is the genesis of HRS § 264-1 (1993), which currently provides, in relevant part, as follows: Public highways and trails, (a) All roads, alleys, streets, ways, lanes, bike-ways, and bridges in the State, opened, laid out, or built by the…”

Pub. Access Trails Hawai'i v. Haleakala Ranch Co., 526 P.3d 526 (Haw. 2023). · cites it 7× “ntered into a joint prosecution agreement (“JPA”), in which Petitioners and the State agreed to jointly prosecute Count III (claims under the Highways Act of 1892 and Hawaiʻi Revised Statutes (“HRS”) § 264-1 (2008)) and Count IV (claim to quiet 1 The Complaint consisted of:…”

Wemple Ex Rel. Dang v. Dahman, 83 P.3d 100 (Haw. 2004). · cites it 12× “2d 118 (1986), that HRS § 264-1 (Supp.1990) 7 prevents a private road *393 from becoming a “county highway”—and thereby subjecting the county to liability for injuries incurred thereon—without express acceptance of the private road by the County Council.”

State v. Davis., 324 P.3d 912 (Haw. 2014). · cites it 6× “According to HRS § 264-1 (Supp. 2011), a “public highway” includes: (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…”

Maui Ranch Estates Owners Ass'n v. Cnty. of Maui, 724 P.2d 118 (Haw. App. 1986). · cites it 15× “HRS § 264-1 requires that a private roadway surrendered or abandoned to public use is not a county highway unless it is adopted as such by resolution of the legislative body of the county.”

Santos v. Perreira, 633 P.2d 1118 (Haw. App. 1981). · cites it 8× “7 Second, they claimed that the unimproved dirt road was a surrendered public road pursuant to HRS § 264-1 (1976, as amended). See Levy v.”

Kanahele v. State., 549 P.3d 275 (Haw. 2024). · cites it 4× “HRS § 264-1. How could DOT designate the MKAR a state highway if it did not own it? Through the designation, DOT took from DHHL and the beneficiaries the right to control, the right to exclude, the right to encumber, and the right use the land for non-trust purposes.”

Gold Coast Neighborhood Ass'n v. State, 361 P.3d 1243 (Haw. App. 2015). · cites it 9× “” HRS § 264-l(c) provides in relevant part: § 264-1 Public highways and trails. [[Image here]] (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,…”

State v. Figel, 904 P.2d 932 (Haw. 1995). · cites it 7× “The definition of “public street, road, or highway” refers to HRS §§ 264-1 and 291C-1. 5 There is no evidence in the record to establish that the Oasis nightclub parking lot is a “highway,” rather than a “private road,” because the prosecution did not show that this area is…”

State v. Woodhall., 301 P.3d 607 (Haw. 2013). · cites it 4× “8(2002)(requiring that permitted uses on sidewalk “not impede or endanger the public’s use”), and on “[a]ll roads, alleys, streets, ways, lanes, bikeways, bridges, and all other real property highway related interests in the State, opened, laid out, subdivided, consolidated, and…”

Burke v. Kakaako Land Co., LLC (Haw. App. 2025). · cites it 21× “surrendered to the public use, are declared to be public highways or public trails as follows: 8 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER at 239.”

Show all 16 citing cases →

— Haw. Rev. Stat. § 264-1(a) — 3 cases

Kanahele v. State., 549 P.3d 275 (Haw. 2024). “HRS § 264-1. How could DOT designate the MKAR a state highway if it did not own it? Through the designation, DOT took from DHHL and the beneficiaries the right to control, the right to exclude, the right to encumber, and the right use the land for non-trust purposes.”

State v. Armitage, 497 P.3d 1102 (Haw. App. 2021).

State v. Blyenburg, 499 P.3d 419 (Haw. App. 2021).

— Haw. Rev. Stat. § 264-1(a)(1) — 1 case

Kia'i Kauaula v. Wainee Land & Homes, LLC (Haw. App. 2026).

— Haw. Rev. Stat. § 264-1(c) — 2 cases

Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017). “Further, the State argued that the Seawall could not be surrendered to the State because it was not a “trail” or “public highway” within the meaning of HRS § 264-1, and, thus, 15 The State also contended that the circuit court lacked jurisdiction, arguing that the declaratory…”

Gold Coast Neighborhood Ass'n v. State, 361 P.3d 1243 (Haw. App. 2015). “” HRS § 264-l(c) provides in relevant part: § 264-1 Public highways and trails. [[Image here]] (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,…”

— Haw. Rev. Stat. § 264-1(c)(1) — 2 cases

Wemple Ex Rel. Dang v. Dahman, 83 P.3d 100 (Haw. 2004). “2d 118 (1986), that HRS § 264-1 (Supp.1990) 7 prevents a private road *393 from becoming a “county highway”—and thereby subjecting the county to liability for injuries incurred thereon—without express acceptance of the private road by the County Council.”

— Haw. Rev. Stat. § 264-1(c)(2) — 3 cases

Wemple ex rel. Dang v. Dahman, 72 P.3d 499 (Haw. App. 2002). “The Highways Act of 1892, as amended, is the genesis of HRS § 264-1 (1993), which currently provides, in relevant part, as follows: Public highways and trails, (a) All roads, alleys, streets, ways, lanes, bike-ways, and bridges in the State, opened, laid out, or built by the…”

Burke v. Kakaako Land Co., LLC (Haw. App. 2025). “surrendered to the public use, are declared to be public highways or public trails as follows: 8 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER at 239.”

— Haw. Rev. Stat. § 264-1(e)(2) — 1 case

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