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Eminent Domain Hawaii Housing Authority v. Midkiff A E97 Discussion: Eminent Domain allows governments to take private land for public use or if a public
Eminent Domain Hawaii Housing Authority v. Midkiff A" E97 Discussion: Eminent Domain allows governments to take private land for public use or if a public interest requires it. There are three elements necessary: 1) The aking must be forthe public good, 2) it must be necessary for the proposed public use, and 3) just compensation must be paid. CCPSection 1240.030. An example close to home is Chavez Ravine. This was an area that was residence to lower income families but also was a very close community. dowever, it eventually was declared necessary to take the entire area by Eminent Domain for the public good in order to build Dodger stadium. To this day, some dispute that only this area could be used for the public good because there was vacant land in other areas of Los Angeles that could have aeen used for Dodger Stadium. Further, it is disputed that fair market value was paid to the families that lived in this area and the value that they received was well below fair market value. Even going farther than Dodger Stadium is a case from Hawaii called Hawaii Housing Authority v. Midkiff (1984) 467 U.S. 229. This case took private aroperty and gave it to the state government. The government then subdivided it and sold it off to private buyers. The public interest reason for this egislation by the state legislature was to lower housing prices on the island of Oahu in order to make all housing more affordable. This was to be achieved by creating more supply than demand that existed on the island. The U.S. Supreme Court ruled that this was a legitimate purpose for Eminent Domain because it was in the public interest. Please click on mm in order to see what really happened. Instructions: 1. Please post a reply whether you agree or disagree with how the US. Supreme Court ruled in this case. Please explain why you agree or disagree
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