Hawaii

  • Failed to pass legislative reform.
50 State Report Card 50 State Report Card Grade

50 State Report Card: Tracking Eminent Domain Reform Legislation since Kelo

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Read: Hawaii Chapter
Read: Entire Report

Current Abuses Bills

Overview

Hawaii produced a key court case in the history of eminent domain authority expansion and abuse. In Hawaii Housing Authority v. Midkiff, the U.S. Supreme Court upheld an expansive definition of the “public use” provision, essentially reading the public use provision to mean “public purpose,” as defined by the State Legislature.

Many bills were filed that attempted to address Kelo-style takings. Unfortunately, Hawaii missed the chance to be a national leader in restricting eminent domain abuse and the Legislature still needs to pass reform.