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((Use mdy dates|date=September 2023))
((more citations needed|date=July 2012))
((Infobox SCOTUS case
  |Litigants=Hawaii Housing Authority v. Midkiff
  |ArgueDate=March 26th
  |ArgueYear=1984
  |DecideDate=May 30th
  |DecideYear=1984
  |FullName=Hawaii Housing Authority, et al. v. Midkiff, et al.
  |USVol=467
  |USPage=229
  |ParallelCitations=104 S. Ct. 2321, 81 [[L. Ed. 2d]] 186, 1984 [[U.S. LEXIS]] 94 
  |Prior=Summary judgment for defendant, ''Midkiff v. Tom'', 483 [[F. Supp.]] [https://law.justia.com/cases/federal/district-courts/FSupp/483/62/2183930/ 62] ([[D. Haw.]] 1979); reversed, 702 [[F.2d]] [https://law.justia.com/cases/federal/appellate-courts/F2/702/788/329258/ 788] ([[United States Court of Appeals for the Ninth Circuit|9th Cir.]] 1983); probable jurisdiction noted, ((ussc|464|932|1983|el=no)).
  |Subsequent=
  |Holding=The state can use eminent domain powers to redistribute concentrated property ownership to a larger group of people.
  |Majority=O'Connor
  |JoinMajority=''unanimous''
  |NotParticipating=Marshall
  |LawsApplied=[[Fifth Amendment to the United States Constitution#Takings Clause|U.S. Const. amend. V]]
))
'''''Hawaii Housing Authority v. Midkiff''''', 467 U.S. 229 (1984), was a case in which the [[Supreme Court of the United States|United States Supreme Court]] held that a state could use [[eminent domain]] to take land that was overwhelmingly concentrated in the hands of private landowners and [[redistribution of income and wealth|redistribute]] it to the wider population of private residents.<ref>''Hawaii Housing Auth. v. Midkiff'', ((ussc|volume=467|page=229|pin=|year=2008)).</ref>

== Background ==
Only 22 landowners owned 72.5% of the [[fee simple]] titles in the island of Oahu, and the [[Hawaii State Legislature]] concluded that there was an [[oligopoly]] in land ownership that was "skewing the State's residential fee simple market, inflating land prices, and injuring the public tranquility and welfare."<ref>Haw. Hous. Auth. v. Midkiff, 467 U.S. 229, 232</ref>

However, the shortage of buildable land on Oahu was largely because roughly half of the island is government-owned and thus unavailable for privately owned housing.

The Hawaii legislature enacted a condemnation scheme, which was intended to transfer titles to the lots from its owner, the Bishop Estate, to the home lessees. The case focused on the taking of land held by the Bishop Estate, a charitable trust that held the residual lands of the [[Hawaiian monarchy]], and used the proceeds to support the [[Kamehameha Schools|Kamehameha schools]], which provide an education to Hawaiian children. The Bishop Estate had subdivided some of its land on Oahu and leased individual lots to land lessees, who built homes on them and at first paid nominal rents to the estate.

However, as Oahu land values rose, so did rents, and the tenants demanded the state acquire the Estate's title and reconvey the individual lots to the lessee-homeowners, who would have to pay fair market value to reimburse the state for the acquisition.

== Decision ==
The Court's decision looked to ''[[Berman v. Parker]]'' (1954) in which eminent domain power had been used to redevelop slum areas and for the possible sale or lease of the condemned lands for private interest.

The Court decided that the [[United States Congress]] had the power to determine what was for the public good over the judiciary. The decision equated police power with the eminent domain of the sovereign's public use requirement.

In an 8-0 decision, the Court voted that the Hawaiian act was constitutional. Hawaii's act to regulate the oligopoly was seen as a classic exercise of the State's [[Police power (United States constitutional law)|police powers]], and a comprehensive and rational approach to identifying and correcting [[market failure]] and satisfied the public use doctrine. Land did not have to be put into actual public use in order to use [[eminent domain]]. It is the taking's purpose, and not its mechanics that were important. Here, eminent domain was used to provide an overall market benefit to the wider populace.

The decision suggested that a [[judicial deference]] to the legislature was involved. If the legislature determines there are substantial reasons for the exercise of the taking power, courts must defer to the legislature's determination that the taking will serve a public use.

The Court held that the takings to correct concentrated property ownership was a legitimate public purpose.

=== Limitations of the decision ===
The decision, though, placed limits on the power of the government, stating:

((blockquote|A purely private taking could not withstand the scrutiny of the public use requirement; it would serve no legitimate purpose of government and would thus be void.... The Court's cases have repeatedly stated that 'one person's property may not be taken for the benefit of another private person without a justifying public purpose, even though compensation be paid.’))

== Aftermath ==
However, the aftermath of the ''Midkiff'' decision failed to achieve the stated purpose of the redistribution legislation. It could not create new housing because it transferred title from the land lessor only to the lessee-homeowners who already occupied existing homes on the subject property. As soon as the former lessees acquired fee simple titles to their homes, their homes became attractive to Japanese investors who paid high prices for those homes, largely in the upscale [[Kāhala, Hawaii|Kahala]] and [[Hawaii Kai]] neighborhoods. That led to a ripple effect throughout the island.<ref>((cite journal |last1=Kanner |first1=Gideon |title=Kelo v. New London: Bad Law, Bad Policy, and Bud Judgment |journal=The Urban Lawyer |date=Spring 2006 |volume=38 |issue=2 |page=201 ))</ref>

Home prices on [[Oahu]], far from falling, as had been intended by the legislature, surged upward and more than doubled within six years.((citation needed|date=June 2014))

The primary holding of ''Midkiff'' was reaffirmed by ''[[Kelo v. City of New London]]'' (2005).

==See also==
*[[List of United States Supreme Court cases, volume 467]]

==References==
((Reflist))

==External links==
*((caselaw source
 | case=''Hawaii Housing Authority v. Midkiff'', ((ussc|467|229|1984|el=no))
 | courtlistener =https://www.courtlistener.com/opinion/111196/hawaii-housing-authority-v-midkiff/
 | findlaw=https://caselaw.findlaw.com/us-supreme-court/467/229.html
 | justia=http://supreme.justia.com/us/467/229/case.html
 | loc =http://cdn.loc.gov/service/ll/usrep/usrep467/usrep467229/usrep467229.pdf
 | oyez =https://www.oyez.org/cases/1983/83-141
))

((US5thAmendment|takings))
((US housing by state))

[[Category:United States Supreme Court cases]]
[[Category:United States Supreme Court cases of the Burger Court]]
[[Category:United States land use case law]]
[[Category:Legal history of Hawaii]]
[[Category:1984 in United States case law]]
[[Category:Takings Clause case law]]
[[Category:Public housing in the United States]]
[[Category:History of Oahu]]
[[Category:1984 in Hawaii]]

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