Hawaii Revised Statutes

Haw. Rev. Stat. § 264-43 (2026)

  Responsibility

✓ current as of July 2026
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     §264-43  Responsibility.  The department of transportation shall acquire, subdivide, consolidate, construct, maintain, and administer all highways comprising the state highway system in accordance with all state and federal laws and exempt from county subdivision ordinances. [L 1965, c 159, pt of §1; Supp, §111-53; HRS §264-43; am L 2008, c 12, §4]

 

Case Notes

 

  State has a duty to keep shoulders of road in reasonably safe condition.  60 H. 381, 590 P.2d 564 (1979).

 

 

Notes of Decisions
Cited in 4 cases, 1979–1999 · leading case: Taylor-Rice v. State, 979 P.2d 1086 (Haw. 1999).
Taylor-Rice v. State, 979 P.2d 1086 (Haw. 1999). · cites it 2× “For example, although the posted speed limit was 50 mph at the site of the accident, the trial court found that, "[t]he curve [where the accident occurred] was .”
Anders v. State, 590 P.2d 564 (Haw. 1979). · cites it 7× “WHETHER THE TRIAL COURT ERRED IN FINDING THAT THE STATE BREACHED ITS DUTY TO MAINTAIN THE HIGHWAY, INCLUDING THE SHOULDER THEREOF, IN A REASONABLY SAFE MANNER.”
Lagua v. State, 649 P.2d 1135 (Haw. 1982). · cites it 3× “1 HRS § 264-43 provides: “The department of transportation shall construct, maintain, and administer all highways comprising the state highway system.”
Maui Ranch Estates Owners Ass'n v. Cnty. of Maui, 724 P.2d 118 (Haw. App. 1986). “4 The State is responsible for the maintenance of state highways under Hawaii Revised Statutes (HRS) § 264-43 (1985). The responsibility of the several counties for maintenance of county highways is established by HRS § 265A-1 (1985).”
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