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Hawaii Revised Statutes

Haw. Rev. Stat. § 264-41 (2026)

  Establishment

✓ current as of July 2026
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PART III.  STATE HIGHWAY SYSTEM

 

     §264-41  Establishment.  There is established a state highway system which shall consist of federal-aid highways and other public highways which may be designated for inclusion in the system pursuant to section 264-42. [L 1965, c 159, pt of §1; Supp, §111-51; HRS §264-41]

 

Case Notes

 

  A public highway is not a state highway unless it is designated for inclusion in the state highway system.  2 H. App. 387, 633 P.2d 1118 (1981).

 

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1981–2025 · leading case: Wemple ex rel. Dang v. Dahman, 72 P.3d 499 (Haw. App. 2002).
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Wemple ex rel. Dang v. Dahman, 72 P.3d 499 (Haw. App. 2002). · cites it 2× “However, the roadway does not become a county highway unless and until it is accepted by the legislative body.”
Maui Ranch Estates Owners Ass'n v. Cnty. of Maui, 724 P.2d 118 (Haw. App. 1986). · cites it 2× “A public highway is not a state highway unless it is designated for inclusion in the State Highway System under HRS § 264-41 (1976). All public highways which are not state highways are county highways or they are not public highways.”
Santos v. Perreira, 633 P.2d 1118 (Haw. App. 1981). · cites it 2× “A public highway is not a state highway unless it is designated for inclusion in the State Highway System under HRS § 264-41 (1976). All public highways which are not state highways are county highways or they are not public highways.”
Burke v. Kakaako Land Co., LLC (Haw. App. 2025). · cites it 6× “We stated that the facts in the record did not support Santos's argument: A public highway is not a state highway unless it is designated for inclusion in the State Highway System under HRS § 264-41 (1976). . . . There is no evidence in the record of the designation, acceptance,…”
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