Cross References

County eminent domain provisions, see §§46-61 and 62, and county charters.

Sale of remnants of public lands, see §171-52.

Water for Hawaiian home lands, see HHCA §221.

Law Journals and Reviews

Hawaii's Land Reform Act: Is It Constitutional? 6 HBJ 31.

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

Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193.

Case Notes

Proceedings under federal statute by United States to condemn land in Territory for public use. 1 U.S.D.C. Haw. 140, 179; 1 U.S.D.C. Haw. 222.

Supersedes the common law. 5 H. 57. Statutes of this character are to be strictly followed. 6 H. 638.

Water, riparian rights. 31 H. 376, aff. 52 F.2d 356.

Taxpayer whose interests are not affected may not assail statute. 39 H. 67.

Public school sites include private lands set aside for such purpose through an act. 8 H. 60. Exercise of power of eminent domain by State for purpose of taking land and then conveying it to the U.S. for a national park is for a public use. 44 H. 370, 355 P.2d 25.

Question of public use is ultimately judicial, public necessity is legislative, subject to judicial review. 43 H. 253. Legislative determination to acquire additional lands for Honolulu civic center was valid although specific use of lands was not specified. 46 H. 279, 378 P.2d 882.

Voluntary deed given by condemnee, effect of on claim based on change of public use. 49 H. 365, 373, 418 P.2d 482.

Ejectment is available remedy notwithstanding defendant has power of eminent domain to establish the use complained of. 50 H. 189, 436 P.2d 207.

Sections 46-61 and 46-62 and this section neither limit counties’ general power of eminent domain as set out in §46-1.5(6), nor divest counties of authority to enact ordinances allowing for condemnation of land for any particular public purpose. 76 H. 46, 868 P.2d 1193.

Due process.

Hawaii may not change its laws governing property rights of riparian landowners to use of water without compensating owners for lost rights. 441 F. Supp. 559.

Due process violated by court decree stating property seaward of vegetation line belonged to the public since the decree resulted in a taking of private property and no title hearing was held. 460 F. Supp. 473.

Enactment of 1977 General Plan during pendency of appeal made it necessary to review condemnation in light of 1977 plan rather than 1964 plan. 62 H. 411, 616 P.2d 213.

Cited: 20 H. 365, 366; 36 H. 348, 350.