Legal Opinion
Midkiff v. Tom
Court of Appeals for the Ninth Circuit
Decided March 28, 1983No. 80-4368PublishedCited by 29 opinions
1Opinion of the Court
ALARCON, Circuit Judge:
The question presented by this case is whether a state may take real property from a lessor and transfer title in fee simple absolute to a lessee because of a shortage of land for fee simple residential ownership.1 We hold that such a taking violates the federal constitution.
*790I .
On February 19,1979, the Trustees of the Kamehameha Schools/Bishop Estate [Bishop Estate] filed a declaratory relief action alleging that the Hawaii Land Reform Act, Hawaii Rev.Stat. ch. 516, was unconstitutional. The Commissioners and the Executive Director of the Hawaii Housing Authority and…
2Cases cited41 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Calder v. BullSupreme Court of the United States · 1798
36 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Columbia Basin Apartment Ass'n v. City of PascoCourt of Appeals for the Ninth Circuit · 2001
- Housing Finance & Development Corp. v. CastleHawaii Supreme Court · 1995
- Walnut Properties, Inc. v. City of WhittierCourt of Appeals for the Ninth Circuit · 1988
- Eva Kollsman, City National Bank, Tashi Land Corporation, a New York Corporation v. City of Los Angeles, a Municipal CorporationCourt of Appeals for the Ninth Circuit · 1984
- Hawaii Housing Authority v. LymanHawaii Supreme Court · 1985
24 more not listed; retrieve them via the Exa API.