reglab/housing_qa huggingface dataset:
HI Rev Stat § 264-2.1 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-2.1 County highways; ownership.

 §264-2.1 County highways; ownership. (a) As used in this section:  "Disputed road" means any highway, road, alley, street, way, lane, bikeway, bridge, or trail that is open to the public and is located in any county with a population of five hundred thousand or more, for which there is a dispute over ownership and jurisdiction, as determined by the department of transportation, between the State or any of its political subdivisions and a county or a private party, or between a county and a private party.  (b) If no party has exercised ownership over the disputed road in the five years prior to July 1, 2017, the disputed road shall be deemed to have been surrendered to the county in which the road is situated, pursuant to an administrative order issued by the state director of transportation. The county shall accept without exercise of discretion all surrendered roads and shall record its ownership immediately with the bureau of conveyances.  For purposes of this subsection, driving on a disputed road shall not, on its own, constitute an act of ownership. [L 2017, c 208, §2] Revision Note  In subsection (b), "July 1, 2017" substituted for "the effective date of this section" pursuant to §23G-15.
HI Rev Stat § 264-3 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-3 Disposal of abandoned public highway.

 §264-3 Disposal of abandoned public highway. Whenever a public highway, or any portion thereof is at any time vacated, closed, abandoned, or discontinued, the public highway shall be used or disposed of for the use of the State in the case of a state highway as provided by law and for the use of the county in which the highway lies in the case of a county highway; provided that:  (1) In the case of a county highway, before it is disposed of in any way, it shall be first offered to the abutters for a reasonable length of time and at a reasonable price, and if they do not take the county highway, then it may be sold at public auction; and  (2) If any county highway, the right-of-way for which has been acquired in whole or in part by expenditure of federal funds, is abandoned and disposed of, the necessary portion of the proceeds from the sale thereof shall be remitted to the State for reimbursement or credit to the Federal Highway Administration, if reimbursement or credit is so required. [L 1963, c 190, §3; am L 1965, c 221, §2; Supp, §142-2.5; HRS §264-3; am L 1993, c 288, §2] Case Notes  Implied dedication by designation of roadways on subdivision maps. 1 H. App. 52, 613 P.2d 662 (1980).
HI Rev Stat § 264-4 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-4 Restoration of boundary markers.

 §264-4 Restoration of boundary markers. In all cases in which a boundary marker along the right-of-way of a public highway has been disturbed or removed by a public agency of the State or a county in connection with the widening, construction, or maintenance of the highway, the public agency which caused the disturbance or removal shall, if requested by an owner of land a boundary marker of which has been so affected, restore the boundary marker or set a new one at the point of intersection of the affected boundary of the owner's land with the boundary of the right-of-way; provided that no boundary marker shall be restored or set unless its proper location has been established by law or by agreement of all persons having an interest in the location thereof; and provided further that this section shall not apply to markers disturbed or removed prior to January 1, 1950. [L 1953, c 62, §1; RL 1955, §111-40; HRS §264-4]
HI Rev Stat § 264-5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-5 In lieu of other compensation.

 §264-5 In lieu of other compensation. Any such restoration or setting of new boundary markers shall be in lieu of all other compensation for the disturbance or removal. [L 1953, c 62, §2; RL 1955, §111-41; HRS §264-5]
HI Rev Stat § 264-6 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-6 State highway not to be disturbed without permit.

 §264-6 State highway not to be disturbed without permit. No person or government agency, whether federal, state, or county, shall, in any manner or for any purpose do any of the following acts without a written permit from the director of transportation or the director's authorized representative:  (1) Break up, dig up, disturb, undermine or dig under, or cause to be broken up, dug up, disturbed, undermined, or dug under, the right-of-way of any state highway; or  (2) Place, erect, leave, or store any structure, motor or other vehicle, equipment, or any other object wholly or partially within the right-of-way of any state highway; provided that this paragraph shall not apply to the holding or displaying of movable signs, for the purpose of carrying on political campaign activities. [L 1967, c 163, pt of §2; HRS §264-6; am L 1980, c 146, §1; gen ch 1985]
HI Rev Stat § 264-7 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-7 Permits, fees, etc.

 §264-7 Permits, fees, etc. (a) Any person or government agency desiring the permit required by section 264-6 shall apply for a permit on a form prescribed by the director of transportation. Any permit issued shall be conditioned upon the adherence of the applicant to the requirements of sections 264-8 and 264-9; provided that on awarding any contract for the construction, reconstruction, maintenance or repair of any state highway or federal-aid highway project, the director of transportation or the director's authorized representative shall ascertain whether the work to be done by the terms of that contract will require the contractor, the contractor's employees, or the contractor's agents to engage in any of the activities enumerated in section 264-6(1) and (2) and, if one or more such activities is likely to be required, shall issue the permit required by section 264-6, waiving the fee requirements imposed by subsection (b) of this section.  (b) The director, subject to chapter 91, shall establish a fee schedule for the issuance of the permit. The fee schedule established shall be calculated to provide revenues sufficient to defray any expenses the department of transportation may incur in connection with the permit under sections 264-6 to 264-12. An applicant for a permit shall pay the applicable fee, provided that the director may waive the fee payable when the director determines that the work to be done will either improve the highway or otherwise be of benefit to the State; and provided further that no fee shall be required where the only work to be done is the setting of poles and guys to carry overhead wires. [L 1967, c 163, pt of §2; HRS §264-7; am L 1971, c 15, §1; am L 1980, c 146, §2; gen ch 1985]
HI Rev Stat § 264-8 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-8 Specifications, standards, procedures.

 §264-8 Specifications, standards, procedures. Specifications, standards and procedures to be followed in the installation and construction of connections for streets, roads and driveways, concrete curbs and sidewalks, structures, drainage systems, landscaping or grading within the highway rights-of-way, excavation and backfilling of trenches or other openings in state highways, and in the restoration, replacement, or repair of the base course, pavement surfaces, highway structures, and other highway improvements shall be prescribed by the director of transportation. At the request of an applicant for a permit, a copy of such specifications, standards and procedures, shall be furnished. In prescribing the specifications, standards and procedures, the director need not comply with the provisions of law relating to the adoption of rules and regulations. [L 1967, c 163, pt of §2; HRS §264-8; am L 1971, c 15, §2]
HI Rev Stat § 264-8.5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-8.5 REPEALED.

 §264-8.5 REPEALED. L 1994, c 201, §4. Cross References  Similar provision, see §103D-407.
HI Rev Stat § 264-9 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-9 Backfilling, repaving, repairing, expense of permit holder.

 §264-9 Backfilling, repaving, repairing, expense of permit holder. (a) All excess materials remaining at the site of the work done under any permit shall be removed at the expense of the permit holder. The excess material shall not be deposited or placed within any highway right-of-way except with the approval of the director of transportation or the director's authorized representative.  (b) The permit holder, at the permit holder's own expense and upon completion of the work for which the permit was issued, shall backfill all trenches or other openings and make all necessary repairs to or replacement of any concrete gutter, curb, sidewalk, or any other structure in public use and restore or replace any plants, landscaping, signs, markers, or other facilities or improvements that were cut or damaged by the permit holder to a condition similar to that which existed before work was begun under the permit.  (c) Except as otherwise provided in section 264-33, the permit holder shall be responsible for all costs in the installation, construction, repair, removal, restoration, reconstruction or replacement of any improvement within the right-of-way of any state highway. [L 1967, c 163, pt of §2; HRS §264-9; am L 1971, c 15, §3; gen ch 1985]
HI Rev Stat § 264-10 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-10 Deposit of fees, etc.; inspectors.

 §264-10 Deposit of fees, etc.; inspectors. Fees collected pursuant to section 264-7 shall be deposited in the state highway fund.  The department of transportation shall employ one or more persons who shall inspect the work of the permit holder and require that it be done in accordance with sections 264-8 and 264-9. [L 1967, c 163, pt of §2; HRS §264-10] Cross References  State highway fund, generally, see §248-9.
HI Rev Stat § 264-11 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-11 Performance bond.

 §264-11 Performance bond. The director of transportation may require that before the issuance of a permit the applicant give a cash bond, surety company bond, or personal surety bond in favor of the State, and for an amount equal to the estimated cost of backfilling, restoring, or repairing the base court pavement surface, structures, improvements, and landscaped area, and any other additional costs that may be incurred as a result of the work done under the permit during the one-year period following the satisfactory completion of the work. The bond shall be conditioned upon the compliance of the permit holder with the requirements of sections 264-8 and 264-9. [L 1967, c 163, pt of §2; HRS §264-11]
HI Rev Stat § 264-12 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-12 Penalty for violations.

 §264-12 Penalty for violations. Any person, including any public officer or employee who violates section 264-6, shall be fined not more than $250 or imprisoned not more than three months, or both. [L 1967, c 163, pt of §2; HRS §264-12] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
HI Rev Stat § 264-13 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-13 Easements, etc., along state highways.

 §264-13 Easements, etc., along state highways. Notwithstanding any law to the contrary, the governor or the director of transportation as the governor's designee, may dispose of easements within and access rights along the state highway rights-of-way under such terms and conditions which, in the director's opinion, are in the best interest of the public. [L 1966, c 30, §2; HRS §264-13; gen ch 1985; am L 1991, c 36, §1; gen ch 1992]
HI Rev Stat § 264-14 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-14 Permit and paving requirements.

  §264-14 Permit and paving requirements. Notwithstanding the existence of any right of vehicle access to or from a state highway in favor of an abutting owner, the department of transportation may prohibit vehicle access via any street, road or driveway to or from abutting properties unless the owner applies for a permit and paves the highway right-of-way between the access opening and the paved portion of the highway pursuant to sections 264-6 to 264-11. Access to or from abutting property via any street, road or driveway which is in use on April 16, 1971 shall not be affected by this section. [L 1971, c 15, §4] Revision Note  "April 16, 1971" substituted for "the effective date of this section".
HI Rev Stat § 264-15 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-15 Highway advance acquisition; source of funds.

 §264-15 Highway advance acquisition; source of funds. The director may, with the approval of the governor, expend moneys appropriated by the legislature as may be necessary for the acquisition of real property when the director determines:  (1) The acquisition of the real property is necessary for a state highway project authorized by the legislature;  (2) Funds previously authorized by the legislature are inadequate; and  (3) That any delay in the acquisition of such property would unnecessarily increase the cost of the highway project; provided that the selected corridor and alignment of the project shall have been approved by the governor.  All moneys received from the rental, sale, or lease of any property acquired under this section shall be paid into the state general fund; provided that whenever federal funds are involved in the acquisition of the property, any money received from the sale, lease, or rental of such property shall be expended toward the project for which the property was acquired. [L 1971, c 132, §2; gen ch 1985; am L 1993, c 280, §54]
HI Rev Stat § 264-16 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-16 State highway clearing accounts.

  §264-16 State highway clearing accounts. The director of transportation may with the prior approval of the director of finance and comptroller establish the state highway payroll clearing account, employee benefits clearing account, construction administration clearing trust account, and any other necessary clearing account or clearing trust account to effectively account for program costs and appropriations.  The director of transportation may, from time to time, make advances to the clearing accounts or clearing trust accounts from the state highway fund or from any moneys appropriated or otherwise made available to the department. The advances shall be in such amounts as may be required to meet the obligations of the department which are authorized by the legislature.  As soon as practicable after an expenditure from a clearing account or clearing trust account, a determination shall be made of the proper fund or appropriation to which the expenditure should be charged. The fund or account from which funds are advanced shall thereupon be reimbursed out of the proper fund or appropriation. [L 1979, c 166, §1; am L Sp 2021, c 9, §60]
HI Rev Stat § 264-17 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-17 Public hearing.

  §264-17 Public hearing. Any state or county agency which prepares proposed plans for a major public highway project shall provide an opportunity for a public hearing at the earliest practicable time before the proposed plans for the project are finalized and commitments have been made by the state or county to the plans or the project. The public hearing shall be conducted and notice given in an adequate manner to apprise all interested persons of the proposed routes and scope of the projects and allow an opportunity for all interested persons to submit data, views, or arguments, orally or in writing. The public hearing required under this section may be held in conjunction with a public hearing held on the project to meet the requirement of any federal, state or county law provided the provisions of this section are satisfied.  The proposing agency shall satisfy any requirement for holding a public hearing under this section if adequate notice of the opportunity for the public hearing on the project is given to interested persons and no written requests for the hearing are received by the agency within a reasonable time.  This section shall not apply to the construction of highway projects where the governor has made a formal determination that the construction of the project is urgently needed because of an emergency, a natural disaster, or a catastrophic failure. [L 1976, c 163, §1]
HI Rev Stat § 264-19 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-19 REPEALED.

  §264-19 REPEALED. L Sp 2021, c 9, §63.
HI Rev Stat § 264-20 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-20 Flexibility in highway design; liability of State, counties, and public utilities.

 §264-20 Flexibility in highway design; liability of State, counties, and public utilities. (a) If a highway, including any bridge, principal and minor arterial road, collector and local road, or street, requires new construction, reconstruction, preservation, resurfacing (except for maintenance surfacing), restoration, or rehabilitation, the department of transportation with regard to a state highway, or a county with regard to a county highway, may select or apply flexible highway design guidelines consistent with practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials. Flexibility in highway design shall consider, among other factors:  (1) Safety, durability, and economy of maintenance;  (2) The constructed and natural environment of the area;  (3) Community development plans and relevant county ordinances;  (4) Sites listed on the State or National Register of Historic Places;  (5) The environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity;  (6) Access for other modes of transportation, including but not limited to bicycle and pedestrian transportation;  (7) Access to and integration of sites deemed culturally and historically significant to the communities affected;  (8) Acceptable engineering practices and standards; and  (9) Safety studies and other pertinent research.  (b) Any other law to the contrary notwithstanding, any decision by the State, the department of transportation, a county, or any officers, employees, or agents of the State, the department of transportation, or a county to select or apply flexibility in highway design pursuant to this section and consistent with the practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials shall not give rise to a cause of action or claim against:  (1) The State;  (2) The department of transportation;  (3) The counties;  (4) Any public utility regulated under chapter 269 that places its facilities within the highway right-of-way; or  (5) Any officer, employee, or agent of an entity listed in paragraphs (1) to (4).  (c) The exception to liability provided in subsection (b) applies only to the decision to select or apply flexibility in highway design pursuant to this section and does not extend to design, construction, repair, correction, or maintenance inconsistent with subsection (a). [L 2005, c 185, §2; am L 2006, c 70, §1]
HI Rev Stat § 264-20.5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-20.5 Complete streets.

  §264-20.5 Complete streets. (a) The department of transportation and the county transportation departments shall adopt a complete streets policy that seeks to reasonably accommodate convenient access and mobility for all users of the public highways within their respective jurisdictions as described under section 264-1, including pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities.  (b) This section shall apply to new construction, reconstruction, and maintenance of highways, roads, streets, ways, and lanes located within urban, suburban, and rural areas, if appropriate for the application of complete streets.  (c) This section shall not apply if:  (1) Use of a particular highway, road, street, way, or lane by bicyclists or pedestrians is prohibited by law, including within interstate highway corridors;  (2) The costs would be excessively disproportionate to the need or probable use of the particular highway, road, street, way, or lane;  (3) There exists a sparseness of population, or there exists other available means, or similar factors indicating an absence of a future need; or  (4) The safety of vehicular, pedestrian, or bicycle traffic may be placed at unacceptable risk. [L 2009, c 54, §1] Revision Note  Section was enacted as an addition to chapter 286 but was renumbered to this chapter pursuant to §23G-15.
HI Rev Stat § 264-20.7 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-20.7 Clean ground transportation goal.

  §264-20.7 Clean ground transportation goal. The department of transportation, in collaboration with the Hawaii state energy office, shall develop strategies to transition all light-duty motor vehicles in the State's fleets to meet the clean ground transportation goal established pursuant to section 196-9(c)(10). [L 2021, c 74, §3] Cross References  Climate change mitigation, see §225P-7.
HI Rev Stat § 264-21 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-21 Definitions.

  §264-21 Definitions. Whenever used in this part:  "Administrator" means the official or officials administering the Federal Highway Act.  "Federal-aid funds" means funds appropriated by the Congress of the United States under or for the purposes of the Federal Highway Act, in which the State is entitled to share.  "Federal-aid project" means any project for the construction or reconstruction of any highway or portion thereof upon which federal-aid funds are to be, are being, or have been, expended, in connection with local appropriations as in this section defined.  "Federal Highway Act" means Title 23 of the United States Code, and all acts of the Congress of the United States amendatory or supplementary thereto, including future enactments not requiring substantial changes of the powers and duties provided for by this part.  "Local funds" means funds appropriated by the State or any county for the construction of any federal-aid project. [L 1929, c 53, pt of §1; RL 1935, §1710; RL 1945, §4961; RL 1955, §111-1; HRS §264-21] Revision Note  Definitions rearranged.
HI Rev Stat § 264-22 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|264. Highways|264-22 State highway department.

 §264-22 State highway department. For the purpose of complying with the Federal Highway Act, the department of transportation is designated as the state highway department. [L 1929, c 53, pt of §1; RL 1935, §1711; RL 1945, §4962; RL 1955, §111-2; am L Sp 1959 2d, c 1, §26; HRS §264-22]