Home -> Law Blog Directory -> State Courts Blogs -> Supreme Court of Hawaii Blog (Unofficial)

State Courts

: Supreme Court of Hawaii Blog (Unofficial)

Exercise of eminent domain authority in Hawai`i just got a little trickier

The power to condemn land is one of the strongest powers to be exercised by state and county government. The Supreme Court's 3-2 ruling today may cause government officials to be redouble their efforts to be certain that the power is exercised appropriately, as it is now clear that incomplete condemnation actions may lead to damage claims by property owners and that the government will need to show that its asserted public purpose isn't "pretextual."

Here's Justice Acoba's majority opinion in County of Hawaii v. C.J. Couple Family Limited Parternship & Richards, et al.:

http://www.state.hi.us/jud/opinions/sct/2008/28822.pdf

And here's the Chief Justice's concurring and dissenting opinion:

http://www.state.hi.us/jud/opinions/sct/2008/28822con.pdf

The Kona Blog and inversecondemnation.com have been following the case and, respectively, offer commentary:

Hawaii Supreme Court Issues An Opinion In Favor Charles & Joan Coupe

HAWSCT Opinion in Eminent Domain Abuse Cases - Kona Bypass Highway

The City & County of Honolulu's rail-transit project probably just became a bit costlier and more complicated.

Full post as published by Supreme Court of Hawaii Blog (Unofficial) on December 24, 2008 (boomark / email).