HRS §101-7
Taking property already used by the public
This section lets the State or a county take property that is already being used by the public, as long as they follow the rules in part III. It also lets someone else with the power of eminent domain take an easement over private property that is used by the public, if it won't seriously hurt the current public use.
countiesdevelopersstate agencies
The statute, as written — Superior public use
Property already appropriated to some public use may be taken by the State or a county in the manner and under the conditions provided by part III. An easement over, across or under property not owned by the State or a county and devoted to public use may be taken by any other person enjoying the right of eminent domain where such taking will not substantially impair the use for which the property has previously been appropriated.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.