July 1st, 2005 — By Mark M. Murakami — In Articles

“Recent Developments in Public Use and Pretext in Eminent Domain” by Robert H. Thomas (Hawaii)

The courts response to the increasing number of landowners challenging government condemnation is examined in this 2005 article. The issue of pretext is illustrated by litigation in Hawaii involving a private property owner’s claim that the county had delegated its power of eminent domain to a developer.

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