Constitutional Law Keyed to Chemerinsky
Hawaii Housing Authority v. Midkiff
The land ownership of the Hawaiian Islands is concentrated in a small group of descendants of Polynesian chieftains. They subsequently lease their land to a multitude of homeowners by parcel. In order to spread land ownership to more people, Petitioner could condemn the property and sell the parcels to the lessees to “effectuate the public purposes.” Sale prices were set by either a condemnation trial or by negotiation between the lessor and lessees. The price had to equal the fair market value of the owner’s leased fee interest and Petitioner could not sell more than one parcel to any one purchaser or lessee.
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