Court: |
US Supreme Court |
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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. |
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Posture: |
Not mentioned, but you've got to imagine that someone objected. |
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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? |
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Holding: |
No. |
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Rule: |
The taking doesn't have to be for government use-- it just has to
be for public use. |
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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. |
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Dicta: |
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