Hawaii Housing Authority v. Midkiff

1984

Court: US Supreme Court

Facts: HI had a feudal system until relatively recently. There were very few landowners, and lots of tenants. This makes it very hard to become a homeowner. Now there's a plan to condemn parcels of land, and sell them to lessees-- basically compelling owners to sell.

Posture: Not mentioned, but you've got to imagine that someone objected.

Issue: Does the takings clause prohibit the state of HI from transferring real property from owners to lessees, with just compensation, in order to reduce the concentration of fees simple?

Holding: No.

Rule: The taking doesn't have to be for government use-- it just has to be for public use.

Reasoning: This is a one-time thing. It's obvious the market is malfunctioning out there because of the giant estates. Regulating oligopoly is a legitimate state interest.

Dicta: