EMINENT DOMAIN


Section 20.  Private property shall not be taken or damaged for public use without just compensation. [Am Const Con 1968 and election Nov 5, 1968; ren Const Con 1978 and election Nov 7, 1978]


Attorney General Opinions


  Section 486H-10 prohibiting manufacturers and jobbers of petroleum products from operating a retail service station for retail sale of petroleum products did not violate eminent domain clause of Hawaii constitution.  Att. Gen. Op. 95-4.


Law Journals and Reviews


  The Amended Just Compensation Provision of the Hawaii Constitution:  A New Basis for Indemnification of the Condemnee.  6 HBJ 55.

  Extending Land Reform to Leasehold Condominiums in Hawai'i.  14 UH L. Rev. 681.


Case Notes


  Even assuming provision is sufficiently clear to waive State's immunity under Eleventh Amendment, provision would confer jurisdiction only upon state courts.  693 F.2d 928.

  Inverse condemnation action discussed.  840 F.2d 678.

  Where landowners argued that ordinance creating mechanism through which condominium owners could convert their leasehold interests into fee simple interests violated public use clause of U.S. and Hawaii Constitutions, ordinance was constitutional; landowners' claim under just compensation clause not ripe for federal adjudication.  124 F.3d 1150.

  Courts are immune from prohibition against taking without compensation.  402 F. Supp. 95.

  Where provision was made for just compensation, city ordinance providing mechanism for transfer of fee interest from condominium lessors to lessees was constitutional.  802 F. Supp. 326.

  Condominium lease-to-fee ordinance did not effect an impermissible taking.  832 F. Supp. 1404.

  Attorney's fees and expenses are not embraced within "just compensation".  53 H. 582, 499 P.2d 663.

  "Damaged" provision discussed.  55 H. 226, 517 P.2d 7.

  Taking under Land Reform Act is for a public use; act's valuation scheme does not deprive landowners of just compensation.  68 H. 55, 704 P.2d 888.

  Just compensation in leasehold condemnation under chapter 516.  72 H. 383, 819 P.2d 82.

  Condemnation of leased fee interests in residential houselots continued to satisfy "public use" prerequisite of Fifth Amendment to U.S. Constitution and this section.  79 H. 64, 898 P.2d 576.

  As Hawaiian custom and usage have always been part of the laws of the State, court's recognition of customary and traditional Hawaiian rights did not constitute judicial taking.  79 H. 425, 903 P.2d 1246.

  As water is a state public trust resource to which no individual, including Waiahole Ditch water use permittees, could claim an exclusive right, permittees being required to fund subsequent stream studies and monitoring activities was not an unconstitutional "regulatory leveraging".  94 H. 97, 9 P.3d 409.

  No unconstitutional taking of petitioner's property without just compensation by water resource management commission's denying petitioner's request to use the ground water underlying its lands and allocating it instead to other leeward parties where the right to absolute ownership of water exclusive of the public trust never accompanied the "bundle of rights" conferred in the Mahele.  94 H. 97, 9 P.3d 409.










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