Attorney General Opinions

Section 486H-10 prohibiting manufacturers and jobbers of petroleum products from operating a retail service station for retail sale of petroleum products did not violate eminent domain clause of Hawaii Constitution. Att. Gen. Op. 95-4.

Law Journals and Reviews

The Amended Just Compensation Provision of the Hawaii Constitution: A New Basis for Indemnification of the Condemnee. 6 HBJ 55.

Extending Land Reform to Leasehold Condominiums in Hawai`i. 14 UH L. Rev. 681.

Case Notes

Even assuming provision is sufficiently clear to waive State's immunity under Eleventh Amendment, provision would confer jurisdiction only upon state courts. 693 F.2d 928.

Inverse condemnation action discussed. 840 F.2d 678.

Where landowners argued that ordinance creating mechanism through which condominium owners could convert their leasehold interests into fee simple interests violated public use clause of U.S. and Hawaii constitutions, ordinance was constitutional; landowners’ claim under just compensation clause not ripe for federal adjudication. 124 F.3d 1150.

Courts are immune from prohibition against taking without compensation. 402 F. Supp. 95.

Where provision was made for just compensation, city ordinance providing mechanism for transfer of fee interest from condominium lessors to lessees was constitutional. 802 F. Supp. 326.

Condominium lease-to-fee ordinance did not effect an impermissible taking. 832 F. Supp. 1404.

Attorney's fees and expenses are not embraced within "just compensation". 53 H. 582, 499 P.2d 663.

"Damaged" provision discussed. 55 H. 226, 517 P.2d 7.

Taking under Land Reform Act is for a public use; act's valuation scheme does not deprive landowners of just compensation. 68 H. 55, 704 P.2d 888.

Just compensation in leasehold condemnation under chapter 516. 72 H. 383, 819 P.2d 82.

Condemnation of leased fee interests in residential houselots continued to satisfy "public use" prerequisite of Fifth Amendment to U.S. Constitution and this section. 79 H. 64, 898 P.2d 576.

As Hawaiian custom and usage have always been part of the laws of the State, court's recognition of customary and traditional Hawaiian rights did not constitute judicial taking. 79 H. 425, 903 P.2d 1246.