Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 264
Hawaii Revised Statutes

Haw. Rev. Stat. § 264-3 (2025)

  Disposal of abandoned public highway

✓ laws through the 2025 session: the 2026 session is not included
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     §264-3  Disposal of abandoned public highway.  Whenever a public highway, or any portion thereof is at any time vacated, closed, abandoned, or discontinued, the public highway shall be used or disposed of for the use of the State in the case of a state highway as provided by law and for the use of the county in which the highway lies in the case of a county highway; provided that:

     (1)  In the case of a county highway, before it is disposed of in any way, it shall be first offered to the abutters for a reasonable length of time and at a reasonable price, and if they do not take the county highway, then it may be sold at public auction; and

     (2)  If any county highway, the right-of-way for which has been acquired in whole or in part by expenditure of federal funds, is abandoned and disposed of, the necessary portion of the proceeds from the sale thereof shall be remitted to the State for reimbursement or credit to the Federal Highway Administration, if reimbursement or credit is so required. [L 1963, c 190, §3; am L 1965, c 221, §2; Supp, §142-2.5; HRS §264-3; am L 1993, c 288, §2]

 

Case Notes

 

  Implied dedication by designation of roadways on subdivision maps.  1 H. App. 52, 613 P.2d 662 (1980).

 

 

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1961–2025 · leading case: State v. Sorenson, 359 P.2d 289 (Haw. 1961).
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State v. Sorenson, 359 P.2d 289 (Haw. 1961). · cites it 9× “” Section 264-3 (b), Eevised Laws of Hawaii 1955, which is the basis of this charge, reads as follows: “§ 264-3. Aggravated offenses. Whoever commits an assault or a battery * * “(b) With intent to maim or disfigure another, * * * a* * * “* * * shall, unless a greater penalty is…”
State v. Travis, 368 P.2d 883 (Haw. 1962). · cites it 2× “1955, § 264-3, reads as follows: “Whoever commits an assault and or a battery (a) with any weapon obviously and imminently dangerous to life, * * * shall, unless a greater-penalty is otherwise provided by law, be fined not more than $5,000 or imprisoned at' hard labor not more…”
Burke v. Kakaako Land Co., 562 P.3d 177 (Haw. App. 2025). · cites it 2× “2d 538, 547 (1968) (cleaned up); see HRS § 264-3 (2020) (public highway to be disposed of "as provided by law"); 2024 Haw.”
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