Housing Finance & Development Corp. v. Castle

LEVINSON, Justice.

These consolidated appeals oblige us to revisit Hawai'i Housing Authority v. Midkiff, 467 U.S. 229, 104 S.Ct. 2321, 81 L.Ed.2d 186 (1984), Hawai'i Housing Authority v. Lyman, 68 Haw. 56, 704 P.2d 888 (1985), and Takabuki v. Housing Finance and Development Corp., 72 Haw. 466, 822 P.2d 955 (1991), in order to address the question whether the Hawai'i Land Reform Act, Hawai'i Revised Statutes (HRS) ch. 516 (1985 & Supp.1992 & 1993 Comp.) (the HLRA)1, has remained constitutional, i.e., whether the HLRA continues to comport with the “public use” clauses of the fifth amendment to…