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The Honorable Timothy E. Johns July 21, 1999 Page 7 B. Ownership and DisDOSition of Public HiQhwavs. Public highways are of two types: (1) State highways, which are all those under the jurisdiction of the department of transportation; and (2) County highways, which are all other public highways. Section 264-1(a), HRS, defines two types of public highways. The first consists of those public highways under the jurisdiction of the Department of Transportation (DOT). These the statute declares are state public highways. Section 264-1(a)(1), HRS. State public highways are more particularly described in chapter 264. Generally they are federal aid highways which run around the perimeter of each island. All other public highways are county public highways. Section 264-1(a)(2), HRS. The counties own in fee simple their respective county public highways by . virtue of HRS § 264-2. In most, if not all cases a homestead oaner road would nog fall under the jurisdiction of DOT. accordingly, it would be a county public highway. CONCLUSION In view of the conclusion we have reached in this opinion, °(...continued) The question raised in AG Op. No. 63-54 was whether the County of Hawaii could sell a state-established homestead paper road. The opinion concluded that a county could not because it did own the highway under § 142-2, RLH. Section 142-2, RLH, limited the ownership of county public highways to "only such highways acquired by the counties by eminent domain, purchase, dedication - or surrender." Since the count; had not acquired the paper `road' through any of these means, the opinion rightly concluded that the county could not sell it. Act 221, 1965 Haw. secs. Laws 338, amended § 142-2, to provid=_ that by virtue of section 142-2, HRS, itself the county owns in fee simple all county public highways acquired by whatever means and may dispose of them in accordance with the laws.