State v. Midkiff

OPINION OF THE COURT BY

RICHARDSON, C.J.

This appeal arises out of an action by the State of Hawaii, under its power of eminent domain to acquire certain parcels of land at Waiau, Oahu, fee simple title to which was held by Midkiff et al. as Trustees of the Estate of Bernice Pauahi Bishop (hereinafter “Bishop Estate”). This condemnation is a partial taking of the Bishop Estate’s holdings in the Ahupuaa of Waiau. The land taken consists of48.966 acres in the configuration of a large “X” which is now the Waiau Interchange of the H-l Interstate Freeway. Because of this unusual configuration of the…