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100
Midkiff
HAWAII LAND REFORM- PHYSICAL TAKING
a. Public use to turn land over to private owners?
-PUBLIC USE =PUBLIC PURPOSE
b. Civic Republicanism- leasing not as good for society – better for society if you own
c. M’Intosh-trying to right this- don’t want people to occupy land w/out really being able to own it
→ but in both cases, government has ultimate power
d. ‘Public Use’ requirement is thus coterminous w/ scope of a sovereign’s police powers
e. Residual, Dominant, Emergent
→ in emergent way, law is trying to take away dominant ideas about what Hawaii is and making them residual.
f. Different if properties were blighted? Yes- easier to take.
g. Arbitrary? Means and ends (is there better way?)
a. Public use to turn land over to private owners?
-PUBLIC USE =PUBLIC PURPOSE
b. Civic Republicanism- leasing not as good for society – better for society if you own
c. M’Intosh-trying to right this- don’t want people to occupy land w/out really being able to own it
→ but in both cases, government has ultimate power
d. ‘Public Use’ requirement is thus coterminous w/ scope of a sovereign’s police powers
e. Residual, Dominant, Emergent
→ in emergent way, law is trying to take away dominant ideas about what Hawaii is and making them residual.
f. Different if properties were blighted? Yes- easier to take.
g. Arbitrary? Means and ends (is there better way?)
