§26-19 Department of transportation.

600 words·~3 min read·/hi/chapter-26/26-19

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.

(b)The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.

(c)The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.

(d)The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.

(e)On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.

(f)Notwithstanding any law to the contrary, the department of transportation may:

(1)Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:

(A)Climate mitigation and adaptation;

(B)Noise and visual buffer zones and barriers;

(C)Transportation projects pursuant to section 264-142;

(D)This section; or

(E)Title 15;

(2)Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and

(3)Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation;

provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties. [L Sp 1959 2d, c 1, §26;

Supp, §14A-25; HRS §26-19; am L 1980, c 220, §§1, 2; am L 1981, c 140, §1; am L 1983, c 43, §1; am L 1984, c 233, §1; am L 1989, c 31, §2; am L 1993, c 224, §§2, 6; am L 1995, c 25, §1; am L 1997, c 309, §4; am L 2013, c 285, §1; am L 2024, c 109, §1]

Note

Public land trust information system. L 2011, c 54; L 2013, c 110.