HRS §101-5
What land interest the government can take
When the government takes private land for public use, it can take full ownership or a smaller interest, like a temporary right. This section only says what type of land interest can be taken, not how or when.
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The statute, as written — Fee simple or lesser estate may be acquired
In the taking of private property for a public use, a fee simple estate or any lesser estate may be acquired.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.