hawaii
housing
authority
midkiff
argued
march
decided
may
together
portlock
community
association
maunalua
beach
et
al
midkiff
et
al
kahala
community
association
et
al
midkiff
et
also
appeal
reduce
perceived
social
economic
evils
land
oligopoly
traceable
early
high
chiefs
hawaiian
islands
hawaii
legislature
enacted
land
reform
act
act
created
land
condemnation
scheme
whereby
title
real
property
taken
lessors
transferred
lessees
order
reduce
concentration
land
ownership
act
lessees
living
residential
lots
within
tracts
least
five
acres
size
entitled
ask
appellant
hawaii
housing
authority
hha
condemn
property
live
appropriate
applications
lessees
filed
act
authorizes
hha
hold
public
hearing
determine
whether
state
acquisition
tract
effectuate
public
purposes
act
hha
determines
public
purposes
served
authorized
designate
lots
tract
acquisition
acquires
prices
set
condemnation
trial
negotiation
lessors
lessees
former
fee
owners
right
title
interest
land
may
sell
land
titles
applicant
lessees
hha
held
public
hearing
proposed
acquisition
appellees
lands
found
acquisition
effectuate
act
public
purposes
directed
appellees
negotiate
certain
lessees
concerning
sale
designated
properties
negotiations
failed
hha
ordered
appellees
submit
compulsory
arbitration
provided
act
rather
comply
order
appellees
filed
suit
federal
district
asking
act
declared
unconstitutional
enforcement
enjoined
temporarily
restrained
state
proceeding
appellees
estates
subsequently
holding
compulsory
arbitration
compensation
formulae
provisions
act
unconstitutional
refused
issue
preliminary
injunction
ultimately
granted
partial
summary
judgment
hha
private
appellants
intervened
holding
remainder
act
constitutional
public
use
clause
fifth
amendment
made
applicable
fourteenth
amendment
deciding
district
properly
abstained
exercising
jurisdiction
appeals
reversed
holding
act
violates
public
use
requirement
fifth
amendment
held
district
required
abstain
exercising
jurisdiction
pp
abstention
railroad
pullman
unnecessary
pullman
abstention
limited
uncertain
questions
state
law
uncertain
question
state
law
since
act
unambiguously
provides
power
condemn
public
use
purpose
thus
question
uncomplicated
ambiguous
language
whether
act
face
unconstitutional
pp
abstention
required
younger
harris
younger
abstention
required
proceedings
initiated
proceedings
substance
merits
occurred
federal
state
judicial
proceedings
initiated
time
proceedings
substance
took
place
district
district
issued
preliminary
injunction
hha
filed
first
state
eminent
domain
suit
state
fact
hha
administrative
proceedings
occurred
federal
suit
filed
require
abstention
since
act
clearly
proceedings
part
judicial
proceeding
pp
act
violate
public
use
requirement
fifth
amendment
pp
requirement
coterminous
scope
sovereign
police
powers
substitute
judgment
legislature
judgment
constitutes
public
use
unless
use
palpably
without
reasonable
foundation
exercise
eminent
domain
power
rationally
related
conceivable
public
purpose
compensated
taking
prohibited
public
use
clause
regulating
oligopoly
evils
associated
classic
exercise
state
police
powers
redistribution
fees
simple
reduce
evils
rational
exercise
eminent
domain
power
pp
mere
fact
property
taken
outright
eminent
domain
transferred
first
instance
private
beneficiaries
condemn
taking
private
purpose
government
use
property
legitimate
taking
taking
purpose
mechanics
must
pass
scrutiny
public
use
clause
fact
state
legislature
congress
made
public
use
determination
mean
judicial
deference
less
appropriate
pp
delivered
opinion
members
joined
except
marshall
took
part
consideration
decision
cases
laurence
tribe
special
deputy
attorney
general
hawaii
argued
cause
appellants
briefs
appellants
nos
kathleen
sullivan
david
rosenberg
special
deputy
attorneys
general
tany
hong
attorney
general
michael
lilly
first
deputy
attorney
general
dennis
james
case
bernard
bays
richard
archer
corey
park
filed
briefs
appellants
clinton
ashford
argued
cause
appellees
brief
barrett
prettyman
evan
bayh
iii
rosemary
fazio
richard
morry
earl
fn
briefs
amici
curiae
urging
affirmance
filed
office
hawaiian
affairs
bruss
keppeler
pacific
legal
foundation
ronald
zumbrun
harold
hughes
queen
liliuokalani
trust
et
al
daniel
case
william
dobrovir
joseph
gebhardt
filed
brief
hou
hawaiians
et
al
amici
curiae
justice
delivered
opinion
fifth
amendment
constitution
provides
pertinent
part
private
property
shall
taken
public
use
without
compensation
cases
present
question
whether
public
use
clause
amendment
made
applicable
fourteenth
amendment
prohibits
state
hawaii
taking
compensation
title
real
property
lessors
transferring
lessees
order
reduce
concentration
ownership
fees
simple
state
conclude
hawaiian
islands
originally
settled
polynesian
immigrants
western
pacific
settlers
developed
economy
around
feudal
land
tenure
system
one
island
high
chief
nui
controlled
land
assigned
development
certain
subchiefs
subchiefs
reassign
land
lower
ranking
chiefs
administer
land
govern
farmers
tenants
working
land
held
nui
eventually
returned
trust
private
ownership
land
see
generally
brief
office
hawaiian
affairs
amicus
curiae
beginning
early
hawaiian
leaders
american
settlers
repeatedly
attempted
divide
lands
kingdom
among
crown
chiefs
common
people
efforts
proved
largely
unsuccessful
however
land
remained
hands
extensive
hearings
hawaii
legislature
discovered
state
federal
governments
owned
almost
state
land
another
hands
private
landowners
see
brief
hou
hawaiians
maui
loa
chief
hou
hawaiians
amici
curiae
legislature
found
landholders
tracts
acres
owned
land
oahu
urbanized
islands
landowners
owned
fee
simple
titles
legislature
concluded
concentrated
land
ownership
responsible
skewing
state
residential
fee
simple
market
inflating
land
prices
injuring
public
tranquility
welfare
redress
problems
legislature
decided
compel
large
landowners
break
estates
legislature
considered
requiring
large
landowners
sell
lands
leasing
homeowners
however
landowners
strongly
resisted
scheme
pointing
significant
federal
tax
liabilities
incur
indeed
landowners
claimed
federal
tax
laws
primary
reason
previously
chosen
lease
sell
lands
therefore
accommodate
needs
lessors
lessees
hawaii
legislature
enacted
land
reform
act
act
haw
rev
ch
created
mechanism
condemning
residential
tracts
transferring
ownership
condemned
fees
simple
existing
lessees
condemning
land
question
hawaii
legislature
intended
make
land
sales
involuntary
thereby
making
federal
tax
consequences
less
severe
still
facilitating
redistribution
fees
simple
see
brief
appellants
nos
pp
nn
act
condemnation
scheme
tenants
living
residential
lots
within
developmental
tracts
least
five
acres
size
entitled
ask
hawaii
housing
authority
hha
condemn
property
live
haw
rev
stat
eligible
tenants
tenants
half
lots
tract
whichever
less
file
appropriate
applications
act
authorizes
hha
hold
public
hearing
determine
whether
acquisition
state
part
tract
effectuate
public
purposes
act
hha
finds
public
purposes
served
authorized
designate
lots
tract
acquisition
acquires
prices
set
either
condemnation
trial
negotiation
lessors
lessees
former
fee
owners
full
right
title
interest
land
compensation
set
hha
may
sell
land
titles
tenants
applied
fee
simple
ownership
hha
authorized
lend
tenants
purchase
price
may
condition
final
transfer
right
first
refusal
first
years
following
sale
hha
sell
lot
tenant
residing
may
lease
lot
sell
someone
else
provided
public
notice
given
however
hha
may
sell
one
purchaser
lease
one
tenant
one
lot
may
operate
profit
practice
funds
satisfy
condemnation
awards
supplied
entirely
lessees
see
app
act
authorizes
hha
issue
bonds
appropriate
funds
acquisition
bonds
issued
hha
supplied
funds
condemned
lots
see
ibid
april
hha
held
public
hearing
concerning
proposed
acquisition
appellees
lands
hha
made
statutorily
required
finding
acquisition
appellees
lands
effectuate
public
purposes
act
october
directed
appellees
negotiate
certain
lessees
concerning
sale
designated
properties
negotiations
failed
hha
subsequently
ordered
appellees
submit
compulsory
arbitration
rather
comply
compulsory
arbitration
order
appellees
filed
suit
february
district
asking
act
declared
unconstitutional
enforcement
enjoined
district
temporarily
restrained
state
proceeding
appellees
estates
three
months
later
declaring
compulsory
arbitration
compensation
formulae
provisions
act
unconstitutional
district
refused
preliminarily
enjoin
appellants
conducting
statutory
designation
condemnation
proceedings
finally
december
granted
partial
summary
judgment
appellants
holding
remaining
portion
act
constitutional
public
use
clause
see
supp
haw
district
found
act
goals
within
bounds
state
police
powers
means
legislature
chosen
serve
goals
arbitrary
capricious
selected
bad
faith
appeals
ninth
circuit
reversed
first
appeals
decided
district
permissibly
chosen
abstain
exercise
jurisdiction
appeals
determined
act
pass
requisite
judicial
scrutiny
public
use
clause
found
transfers
contemplated
act
unlike
takings
previously
held
constitute
public
uses
determined
public
purposes
offered
hawaii
legislature
deserving
judicial
deference
concluded
act
simply
naked
attempt
part
state
hawaii
take
private
property
transfer
solely
private
use
benefit
one
judge
dissented
applications
hha
certain
private
appellants
intervened
noted
probable
jurisdiction
reverse
ii
begin
question
whether
district
abused
discretion
abstaining
exercise
jurisdiction
appellants
suggested
one
alternative
perhaps
abstention
required
standards
announced
railroad
pullman
younger
harris
believe
abstention
required
railroad
pullman
supra
held
federal
courts
abstain
decision
difficult
unsettled
questions
state
law
must
resolved
substantial
federal
constitutional
question
decided
abstaining
cases
federal
courts
avoid
unnecessary
adjudication
federal
questions
needless
friction
state
policies
however
federal
courts
need
abstain
pullman
grounds
state
statute
fairly
subject
interpretation
render
unnecessary
adjudication
federal
constitutional
question
see
harman
forssenius
pullman
abstention
limited
uncertain
questions
state
law
bstention
exercise
federal
jurisdiction
exception
rule
colorado
river
water
conservation
dist
cases
uncertain
question
state
law
act
unambiguously
provides
use
power
condemn
public
use
purpose
haw
rev
stat
see
also
provision
act
matter
hawaii
law
suggest
mean
exactly
says
since
naked
question
uncomplicated
ambiguous
language
whether
act
face
unconstitutional
wisconsin
constantineau
abstention
federal
jurisdiction
required
dissenting
judge
appeals
suggested
perhaps
state
courts
make
resolution
federal
constitutional
questions
unnecessary
construction
act
see
abstract
course
possibilities
always
exist
relevant
inquiry
whether
bare
though
unlikely
possibility
state
courts
might
render
adjudication
federal
question
unnecessary
rather
frequently
emphasized
abstention
ordered
unless
statute
uncertain
nature
obviously
susceptible
limiting
construction
zwickler
koota
statutes
uncertain
nature
reasonable
limiting
construction
therefore
pullman
abstention
unnecessary
dissenting
judge
also
suggested
abstention
required
standards
articulated
younger
harris
supra
doctrine
interests
comity
federalism
counsel
federal
courts
abstain
jurisdiction
whenever
federal
claims
presented
ongoing
state
judicial
proceedings
concern
important
state
interests
see
middlesex
ethics
committee
garden
state
bar
younger
abstention
required
however
state
proceedings
initiated
proceedings
substance
merits
taken
place
federal
hicks
miranda
cases
federal
courts
must
normally
fulfill
duty
adjudicate
federal
questions
properly
brought
cases
state
judicial
proceedings
initiated
time
proceedings
substance
took
place
federal
appellees
filed
federal
complaint
february
asking
temporary
permanent
relief
district
temporarily
restrained
hha
proceeding
appellees
estates
time
state
judicial
proceedings
process
indeed
june
district
granted
part
appellees
motion
preliminary
injunction
state
proceedings
still
initiated
rather
hha
filed
first
eminent
domain
lawsuit
parties
begun
filing
motions
summary
judgment
district
september
whether
issuance
february
temporary
restraining
order
substantial
federal
action
issuance
june
preliminary
injunction
certainly
see
doran
salem
inn
federal
action
preliminary
injunction
granted
proceeded
well
beyond
embryonic
stage
considerations
economy
equity
federalism
counsel
younger
abstention
point
extant
proceedings
state
level
prior
september
eminent
domain
lawsuit
state
hha
administrative
hearings
act
clearly
administrative
proceedings
part
judicial
proceeding
mandatory
arbitration
shall
advance
shall
constitute
part
action
condemnation
eminent
domain
haw
rev
stat
since
younger
bar
federal
action
state
judicial
proceedings
commenced
see
middlesex
county
ethics
committee
garden
state
bar
supra
fair
assessment
real
estate
mcnary
abstention
hha
administrative
proceedings
required
iii
majority
appeals
next
determined
act
violates
public
use
requirement
fifth
fourteenth
amendments
argument
however
find
agreement
dissenting
judge
appeals
starting
point
analysis
act
constitutionality
decision
berman
parker
berman
held
constitutional
district
columbia
redevelopment
act
act
provided
comprehensive
use
eminent
domain
power
redevelop
slum
areas
possible
sale
lease
condemned
lands
private
interests
discussing
whether
takings
authorized
act
public
use
stated
deal
words
traditionally
known
police
power
attempt
define
reach
trace
outer
limits
fruitless
case
must
turn
facts
definition
essentially
product
legislative
determinations
addressed
purposes
government
purposes
neither
abstractly
historically
capable
complete
definition
subject
specific
constitutional
limitations
legislature
spoken
public
interest
declared
terms
conclusive
cases
legislature
judiciary
main
guardian
public
needs
served
social
legislation
whether
congress
legislating
concerning
district
columbia
legislating
concerning
local
affairs
principle
admits
exception
merely
power
eminent
domain
involved
citations
omitted
object
within
authority
congress
right
realize
exercise
eminent
domain
clear
power
eminent
domain
merely
means
end
object
within
authority
congress
means
attained
also
congress
determine
one
means
chosen
use
private
enterprise
redevelopment
area
appellants
argue
makes
project
taking
one
businessman
benefit
another
businessman
means
executing
project
congress
congress
alone
determine
public
purpose
established
course
role
courts
play
reviewing
legislature
judgment
constitutes
public
use
even
eminent
domain
power
equated
police
power
berman
made
clear
extremely
narrow
one
berman
cited
approval
decision
old
dominion
held
deference
legislature
public
use
determination
required
shown
involve
impossibility
berman
also
cited
ex
rel
tva
welch
emphasized
ny
departure
judicial
restraint
result
courts
deciding
governmental
function
invalidating
legislation
basis
view
question
moment
decision
practice
proved
impracticable
fields
short
made
clear
substitute
judgment
legislature
judgment
constitutes
public
use
unless
use
palpably
without
reasonable
foundation
gettysburg
electric
sure
cases
repeatedly
stated
one
person
property
may
taken
benefit
another
private
person
without
justifying
public
purpose
even
though
compensation
paid
thompson
consolidated
gas
see
cincinnati
vester
madisonville
traction
bernard
mining
fallbrook
irrigation
district
bradley
thus
missouri
pacific
nebraska
order
question
claimed
taking
private
property
public
use
right
eminent
domain
emphasis
added
invalidated
compensated
taking
property
lack
justifying
public
purpose
exercise
eminent
domain
power
rationally
related
conceivable
public
purpose
never
held
compensated
taking
proscribed
public
use
clause
see
berman
parker
supra
rindge
los
angeles
block
hirsh
cf
thompson
consolidated
gas
supra
invalidating
uncompensated
taking
basis
trouble
concluding
hawaii
act
constitutional
people
hawaii
attempted
much
settlers
original
colonies
reduce
perceived
social
economic
evils
land
oligopoly
traceable
monarchs
land
oligopoly
according
hawaii
legislature
created
artificial
deterrents
normal
functioning
state
residential
land
market
forced
thousands
individual
homeowners
lease
rather
buy
land
underneath
homes
regulating
oligopoly
evils
associated
classic
exercise
state
police
powers
see
exxon
governor
maryland
block
hirsh
supra
see
also
people
puerto
rico
eastern
sugar
associates
cert
denied
disapprove
hawaii
exercise
power
condemn
irrational
act
approach
correcting
land
oligopoly
problem
act
presumes
sufficiently
large
number
persons
declare
willing
unable
buy
lots
fair
prices
land
market
malfunctioning
malfunction
signalled
act
authorizes
hha
condemn
lots
relevant
tract
act
limits
number
lots
one
tenant
purchase
authorizes
hha
use
public
funds
ensure
market
dilution
goals
achieved
comprehensive
rational
approach
identifying
correcting
market
failure
course
act
like
may
successful
achieving
intended
goals
whether
fact
provision
accomplish
objectives
question
constitutional
requirement
satisfied
state
legislature
rationally
believed
act
promote
objective
western
southern
life
ins
state
bd
equalization
see
also
minnesota
clover
leaf
creamery
vance
bradley
legislature
purpose
legitimate
means
irrational
cases
make
clear
empirical
debates
wisdom
takings
less
debates
wisdom
kinds
socioeconomic
legislation
carried
federal
courts
redistribution
fees
simple
correct
deficiencies
market
determined
state
legislature
attributable
land
oligopoly
rational
exercise
eminent
domain
power
therefore
hawaii
statute
must
pass
scrutiny
public
use
clause
appeals
read
cases
stand
much
narrower
proposition
first
read
public
use
cases
especially
berman
requiring
government
possess
use
property
point
taking
since
hawaiian
lessees
retain
possession
property
private
use
throughout
condemnation
process
found
act
exacted
takings
private
use
second
determined
cases
involved
review
congressional
determination
public
use
review
state
legislative
determination
emphasis
original
state
legislative
determinations
involved
instant
cases
appeals
decided
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scrutiny
public
use
determinations
appropriate
concluded
hawaii
legislature
professed
purposes
mere
statutory
rationalizations
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disagree
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mere
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outright
eminent
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private
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purpose
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ago
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community
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rindge
los
angeles
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hirsh
unique
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hawaii
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market
exercise
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eminent
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purposes
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cases
government
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property
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purpose
mechanics
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scrutiny
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use
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fact
state
legislature
congress
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use
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mean
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deference
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system
government
legislatures
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able
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state
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federal
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exercise
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iv
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hawaii
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constitution
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even
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reason
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particular
private
party
purely
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withstand
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public
use
requirement
serve
legitimate
purpose
government
thus
void
purely
private
taking
involved
cases
hawaii
legislature
enacted
land
reform
act
benefit
particular
class
identifiable
individuals
attack
certain
perceived
evils
concentrated
property
ownership
hawaii
legitimate
public
purpose
use
condemnation
power
achieve
purpose
irrational
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assume
purposes
appeals
weighty
demand
compensation
met
requirements
fifth
fourteenth
amendments
satisfied
accordingly
reverse
judgment
appeals
remand
cases
proceedings
conformity
opinion
ordered
footnotes
see
supp
either
case
compensation
must
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fair
market
value
owner
leased
fee
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compensation
us
originally
enacted
lessor
lessee
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compulsory
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agree
price
fee
simple
title
statutory
formulae
provided
determination
compensation
district
declared
compulsory
arbitration
provision
compensation
formulae
unconstitutional
appeal
taken
rulings
hawaii
legislature
subsequently
amended
statute
provide
mandatory
negotiation
advisory
compensation
formulae
issues
us
dissenting
judge
suggestion
pullman
abstention
required
interpretation
state
constitution
may
obviated
resolution
federal
constitutional
question
equally
faulty
hawaii
constitution
parallel
requirement
taking
public
use
see
haw
art
previously
determined
abstention
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parallel
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constitutional
provisions
see
examining
board
flores
de
otero
see
also
wisconsin
constantineau
american
revolution
colonists
several
took
steps
eradicate
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large
proprietors
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land
colonies
see
act
may
henning
statutes
large
ch
virginia
statute
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act
acts
ch
pennsylvania
statute
courts
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doubted
statutes
served
public
purpose
see
wilson
iseminger
stewart
gorter
md
similarly
find
merit
appellees
due
process
contract
clause
arguments
argument
due
process
prohibits
allowing
lessees
initiate
taking
process
essentially
rejected
new
motor
vehicle
board
fox
similarly
contract
clause
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thought
protect
exercise
power
eminent
domain
see
trust
new
jersey
worth
noting
fourteenth
amendment
contain
independent
public
use
requirement
rather
requirement
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binding
incorporation
fifth
amendment
eminent
domain
clause
fourteenth
amendment
due
process
clause
see
chicago
chicago
ironic
find
state
legislation
subject
greater
scrutiny
incorporated
public
use
requirement
congressional
legislation
express
mandate
fifth
amendment