What is the role of eminent domain in land use law?

Eminent domain is a key part of land use law in Hawaii. It is the power of the state or federal government to take private property for public use. In Hawai‘i, the government is authorized to take private property through the Hawai‘i Constitution and the Hawai‘i Land Reform Act. Eminent domain is used in Hawai‘i to acquire land for public projects such as roads, utilities, military bases, schools, and parks. When the government needs to take private property, it must provide the property owner with just compensation, which is the fair market value of the property. In addition to providing land for public works, eminent domain also plays an important role in land use law in Hawai‘i. The government can use eminent domain to acquire land for land use planning, such as creating new zoning regulations or preserving open space. The government can also take land through eminent domain for development projects, such as building low-income housing, if it is deemed to be in the public interest. Eminent domain is a powerful tool in the hands of the government that can be used to shape the landscape of Hawai‘i. Although it is a controversial tool, it is often necessary for the government to acquire land for public projects and land use planning.

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