Right-of-way lapses when
HRS §101-44
in effect101-44. Right-of-way lapses when
Any right-of-way which is obtained under sections 101-41 and 101-42 shall lapse and immediately revert to the previous owner thereof in either of the following events:
(1) If the corporation fails during a period of one
year, at any time after acquiring the property, to use the right-of-way for the
purposes herein set forth; or
(2) If the corporation uses or diverts or sells any
of the water which is conducted through the right-of-way for a purpose other
than irrigation, fluming, mill use, generation of electricity, and domestic
purposes, as well as for the watering of livestock and industrial use if the
industrial use does not exceed five per cent of the water conducted through the
right-of-way.
[L 1911, c 124, §4; RL 1925, §831; RL 1935, §74; am L 1943, c
186, §2; RL 1945, §326; RL 1955, §8-40; HRS §101-44]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0101/HRS_0101-0044.htmFetched: 11/10/2026