Real and Personal Property

HRS div. 1, tit. 6, ch. 46, pt. IV

in effect

HRS §46-61 Eminent domain; purposes for taking property

46-61. Eminent domain; purposes for taking property Each county shall have the following specific powers: To take private property for the purpose of establishing, laying out, extending and widening streets, avenues, boulevards, alleys, and other public highways and roads; for pumping stations, waterworks, reservoirs, wells, jails, police and fire stations, city halls, office and other public buildings, cemeteries, parks, playgrounds and public squares, public off-street parking facilities and accommodations, land from which to obtain earth, gravel, stones, and other material for the construction of roads and other public works and for rights-of-way for drains, sewers, pipe lines, aqueducts, and other conduits for distributing water to the public; for flood control; for reclamation of swamp lands; and other public uses within the purview of section 101-2 and also to take such excess over that needed for such public use or public improvement in cases where small remnants would otherwise be left or where other justifiable cause necessitates the taking to protect and preserve the contemplated improvement or public policy demands, the taking in connection with the improvement, and to sell or lease the excess property with such restrictions as may be dictated by considerations of public policy in order to protect and preserve the improvement; provided that when the excess property is disposed of by any county it shall be first offered to the abutting owners for a reasonable length of time and at a reasonable price and if such owners fail to take the same then it may be sold at public auction. [L 1907, c 67, §1; am L 1913, c 97, §1; am L 1919, c 170, §1; RL 1925, §1952; RL 1935, §2300; am L 1937, c 184, §6; am L 1941, c 53, §1; am L 1943, c 153, §1; RL 1945, §6101; am L 1951, c 12, §5 and c 96, §1; RL 1955, §141-1; am imp L 1965, c 97, §1; HRS §46-61]

HRS §46-62 Eminent domain; proceedings according to chapter 101

46-62. Eminent domain; proceedings according to chapter 101 The proceedings to be taken on behalf of the county for the condemnation of property as provided in section 46-61, shall be taken and had in accordance with chapter 101, as the same may be applicable. [L 1907, c 67, §4; RL 1925, §1953; RL 1935, §2301; RL 1945, §6102; am L 1951, c 12, §5(b); RL 1955, §141-2; HRS §46-62]

HRS §46-63 Gift or sale of county property for care of aged persons

46-63. Gift or sale of county property for care of aged persons The several counties may give, sell, set aside, and transfer property, real or personal, to private eleemosynary organizations dedicated to the care of aged persons, so long as it is used for the care of aged persons. [L 1963, c 122, §1; Supp, §138-53; HRS §46-63]

HRS §46-64 Disposition of surplus property

46-64. Disposition of surplus property Any other law to the contrary notwithstanding, any county may give, sell, or transfer any of its surplus personal property to the State or to any county within the State. L 1965, c 251, §1; Supp, §138-54; HRS §46-64

HRS §46-65 Parks in the charge of council

46-65. Parks in the charge of council All public parks and public recreation grounds are transferred to and placed in the charge of the council of the county in which the same may be located, to be maintained, managed, and controlled by them. All lands set apart or acquired as public parks and public recreation grounds shall likewise be placed in the charge of and maintained by the several councils. This section shall not apply to parks and public recreational grounds in the city and county of Honolulu, or to the parks and parkways in the state park system. [L 1911, c 100, §1; am L 1913, c 132, §1; RL 1925, §1919; am L 1931, c 175, §1; RL 1935, §2368; RL 1945, §6138; am L 1949, c 185, §3; RL 1955, §142-24; HRS §46-65]

HRS §46-65.5 Exchange of park property

46-65.5. Exchange of park property The counties may accept from or transfer to the State, park lands, which may include related improvements, personnel, equipment, and functions. Note Transfer of parks between State and counties. L 1988, c 7 repealing L 1984, c 34; L 1991, c 312. L 1987, c 335, §3

HRS §46-65.6 Thomas Square; to be maintained

46-65.6. Thomas Square; to be maintained Thomas Square shall be maintained as a public park. RL 1935, §2369; RL 1945, §6139; RL 1955, §142-25; HRS §70-121; ren and am L 1988, c 263, pt of §8 [L 1925, JR 1;

HRS §46-65.7 Ala Wai golf course

46-65.7. Ala Wai golf course The fair commission of Hawaii is abolished and the functions and authority of the fair commission of Hawaii relating to the Ala Wai golf course are transferred to the city and county of Honolulu, together with the use and control of all lands, property, and facilities under its jurisdiction; provided that the lands, property, and facilities shall be used for the purposes of operating a municipal golf course; and provided further that the governor may by executive order transfer the use and control of the lands, property, and facilities or any part of the lands, property, and facilities to the appropriate department or agency of the State designated by the governor upon the giving of six months' written notice before the date of the transfer back to the State to the city and county of Honolulu. [L Sp 1959 2d, c 1, §29; Supp, §14A-28; HRS §70-122; ren and am L 1988, c 263, pt of §8; am L Sp 1993, c 7, §9]

HRS §46-66 Disposition of real property

46-66. Disposition of real property Notwithstanding any other law to the contrary, each county, subject to the approval of the council, may grant, sell, or otherwise dispose of any easement for particular purposes in perpetuity by direct negotiation or otherwise, subject to reverter to the county upon the termination or abandonment of the specific purpose for which the easement was granted, including easements over, under, through, and across land bordering the ocean and easements for any governmental or public utility purpose or for chilled water and seawater distribution systems for renewable energy seawater air conditioning district cooling systems. [L 1970, c 176, §1; am L 2007, c 205, §4; am L 2011, c 46, §2]

HRS §46-67 Easements; formal subdivision process and approval exemption

46-67. Easements; formal subdivision process and approval exemption Notwithstanding any provision of law to the contrary, the granting of easements on public lands affecting the transfer of public lands between the department of land and natural resources and department of agriculture, pursuant to chapter 166E, may be exempt from formal subdivision process and approval requirements, including requirements for surveying and formalizing easements. Any exemption granted pursuant to this section shall be limited to easements created for a public purpose on public or other government-owned lands. The government agency that grants the easements may notify in writing the county having jurisdiction to process and approve the easements of the government agency's intent to invoke this exemption. [L 2022, c 211, §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-.htmFetched: 11/10/2026