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Property Law Keyed to Kurtz
Hawaii Housing Authority v. Midkiff
Citation:
467 U.S. 229 (1984)Facts
In the mid-1960s, the Hawaii Legislature discovered that while the State and Federal Governments owned almost 49% of Hawaii’s land, another 47% was concentrated in the hands of only 72 private landowners, with 18 landholders owning more than 40% of this land. This concentration was a vestige of Hawaii’s historical feudal land system. The legislature concluded that this concentrated ownership skewed the residential land market, inflated prices, and harmed public welfare. To address this problem, the legislature enacted the Land Reform Act of 1967, which authorized the Hawaii Housing Authority (HHA) to condemn residential tracts and transfer ownership to existing lessees. When 25 eligible tenants or tenants on half the lots in a tract filed applications, HHA could hold a public hearing to determine if acquisition would serve the Act’s public purposes. If so, HHA could acquire the land through eminent domain and sell it to the tenants.
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