Hawaii Housing Authority V. Midkiff - Limitations of The Decision

Limitations of The Decision

The decision, though, placed limits on the power of the government citing:

A purely private taking could not withstand the scrutiny of the public use requirement; it would serve no legitimate purpose of government and would thus be void.... The Court's cases have repeatedly stated that 'one person's property may not be taken for the benefit of another private person without a justifying public purpose, even though compensation be paid.’

Midkiff is reaffirmed by Kelo v. City of New London.

Read more about this topic:  Hawaii Housing Authority V. Midkiff

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