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HRS §101-44

When a right-of-way ends and goes back

A right-of-way obtained under certain sections ends and goes back to the previous owner if the corporation does not use it for a year, or if it uses or sells the water for something not allowed. Allowed uses include irrigation, fluming, mill use, electricity, domestic, livestock, and limited industrial use.

landowners

The statute, as written — 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.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§101-41 Water companies can take private land for public use

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.