HRS 0264-0001 ANNOTATIONS

Highways, maintenance, see §27-31.

Construction of facilities for physically handicapped persons, see §286-9.

Public highway does not include proposed road not yet constructed. Att. Gen. Op. 63-54.

In absence of statute no particular form or ceremony is requisite in the dedication. 2 H. 118. Defendant claiming right-of-way as a public highway cannot extend such right by using path in different or enlarged manner than usual custom. 2 H. 307.

Territory cannot acquire fee in public highway by legislative enactment; only by condemnation or consent of owner. 17 H. 523. Implied consent. Id.

Lease of public land does not extinguish a highway existing across it. 19 H. 168.

A public highway can be closed only by the method prescribed by statute. Id.

Park road not public. 38 H. 592.

Seawall used as a public thoroughfare is included in term "public highways". 50 H. 497, 443 P.2d 142.

State which holds open a public thoroughfare for travel has duty to maintain it in condition safe for travel. 50 H. 497, 443 P.2d 142.

Ownership of fee underlying a road built by private parties and abandoned to the public. 50 H. 567, 445 P.2d 538.

Implied dedication by designation of roadways on subdivision maps. 55 H. 305, 517 P.2d 779.

A responsible government has a duty to keep its highways in safe condition. 57 H. 656, 562 P.2d 436.

Not applicable where trustees did not build or lay out a trail to the general public. 73 H. 297, 832 P.2d 724.

A highway is not a county highway unless it is accepted or adopted as such by the county council. 2 H. App. 387, 633 P.2d 1118; 6 H. App. 414, 724 P.2d 118.

A public highway is not a state highway unless it is designated for inclusion in the state highway system under section 264-41. 2 H. App. 387, 633 P.2d 1118.

Cited: 29 H. 820, 822 aff'd 188 F.2d 459.

Ordinance meets requirements. 79 HLR 79-0027.