Title 6, County Organization And Administration

§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;…

§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 person…

§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]

§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 p…

[§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. [L 1987, c 335, §3]

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

§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, proper…

§46-66 Disposition of real property. Notwithstanding any other law to the contrary and except as provided in section 46-67, 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 n…

§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 agric…

§46-7 Agreements with federal government; use of funds. The governing body or the planning commission or department of the various counties, with the consent of the council, may enter into agreements (which may extend over any period, notwithstanding any provision or rule of law …

PART V. MISCELLANEOUS §46-71 Service of process upon county. Service of any notice or process issued against any county by any court, judicial or administrative officer or board may be made by any officer authorized to make service of process, and may be made upon the corporation…

§46-71.5 Indemnification of county agencies. (a) To receive county aid, assistance, support, benefits, services, and interests in or rights to use county property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and ho…

§46-72 Liability for injuries or damages; notice. Before the county shall be liable for damages to any person for injuries to person or property received upon any of the streets, avenues, alleys, sidewalks, or other public places of the county, or on account of any negligence of …

[§46-72.5] Counties' limited liability for skateboard activities at public skateboard parks. (a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condi…

§46-73 Claims for legislative relief; conditions. All claims for refunds, reimbursements, or other payments by any county, authorization for which is sought from the legislature, shall, as a condition to their being considered by the legislature, be filed in duplicate with the co…

§46-74 [Waiver of exemption from assessment for improvements.] Notwithstanding sections 67-8 and 46-74.2 or any other law to the contrary, any society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes wh…

[§46-74.1 Exemption from improvement assessments.] Subject to sections 67-8 and 46-74.2, any land exempted by law from payment of property taxes which land is owned by a society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or o…

[§46-74.2] Public land or land exempt from taxation, etc.; cost otherwise assessable against borne by city and county. Whenever (1) any public land, except lands owned by the board of water supply, or (2) any land by law exempted from improvement assessments, or (3) any land exem…

§46-75 Improvement bonds exempt from taxation. All bonds issued by any of the counties of the State for improvements by assessments, and the interest thereon, shall be exempt from all state, county, and municipal taxation, except inheritance, transfer, and estate taxes. [L 1963, …

§46-76 Location of utility facilities in improvement districts. Notwithstanding any provision of law to the contrary, whenever any public improvement is established, constructed, improved, or altered pursuant to the improvement by assessment statutes or ordinances, and in conjunc…

[§46-77 Underground utility facilities in improvement districts.] Notwithstanding the provision of any statute or ordinance or any regulation made under authority thereof, whenever the legislative body of a county shall determine that the whole or a portion of public utility faci…

[§46-78] Improvement districts, initiation by the State. Notwithstanding any provision of law to the contrary, the respective legislative bodies of the counties may, upon the petition of the state department of transportation, create, define and establish improvement districts ac…

[§46-79] CUSIP numbers for district improvement bonds or improvement district bonds of counties. Unless the governing body shall otherwise direct, the director of finance of any county issuing district improvement bonds or improvement district bonds of such county pursuant to eit…

§46-8 State and county co-sponsorship of programs. The governor may enter into agreements with the council of any county providing for the co-sponsorship and joint development and maintenance of programs and projects, within and for the county, which have been authorized by the l…

§46-80 Improvement by assessment; financing. Any county having a charter may enact an ordinance, and may amend the same from time to time, providing for the making and financing of improvement districts in the county, and the improvements may be made and financed under the ordina…

§46-80.1 Community facilities district. (a) Any county having a charter may enact an ordinance, and may amend the same from time to time, providing for the creation of community facilities districts to finance special improvements in the county. The special improvements may be pr…

§46-80.5 Special improvement district. (a) In addition and supplemental to the authority vested in the counties by sections 46-80 and 46-80.1, any county having a charter may enact an ordinance, and may amend the same from time to time, authorizing the creation of special improve…

[§46-81] Reserve funds for payment of improvements. Any other law to the contrary notwithstanding, no county with a population of less than 100,000 persons shall impose or collect any ad valorem assessment to establish, maintain, or replenish a reserve fund. As used in this secti…

[§46-85] Contracts for solid waste disposal. Any other law to the contrary notwithstanding, a county is authorized from time to time to contract with users or operators of a project for the abatement, control, reduction, treatment, elimination, or disposal of solid waste, whether…

[§46-86] Transactions for utility services. Any other law to the contrary notwithstanding, the disposal of solid waste by a county or project party is a utility service, but shall not place the county or project party in any way under the jurisdiction of the public utilities comm…

[§46-87] Liquidated damages. Any other law to the contrary notwithstanding, a contract for the provision of utility services, goods, or commodities, including water or electrical energy, by a county or by a project party, may provide for the payment of liquidated damages by a pur…

§46-88 Agricultural buildings and structures; exemptions from building permit and building code requirements. (a) Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units a…

§46-89 Broadband-related permits; automatic approval. (a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, o…

§46-9 Expenditures of money for sister-city relationships. Any other law to the contrary notwithstanding, any county, including the city and county of Honolulu, may make expenditures of public funds, whenever the funds are available, in order to further the ties of friendship, un…

[§46-90] Expedited permits; single-family and multi-family housing project permit applications; review time eligibility. [Section effective July 1, 2026.] [Section repealed June 30, 2031. L 2025, c 295, §4.] (a) Permit applications for single-family and multi-family housing proje…