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Hawaii’s Land-Use Reclassification Upheld by Ninth Circuit

Feb. 19, 2020, 11:47 PM

Hawaii’s decision to revert a 1,060-acre property on the Big Island back to its original agricultural use wasn’t an unconstitutional taking, the Ninth Circuit ruled Wednesday.

The landowner can still reap economic benefits from the property, and the reclassification didn’t substantially affect the overall valuation or any potential sales, the U.S. Court of Appeals for the Ninth Circuit held.

Bridge Aina Le‘a LLC, one of the property’s owners, challenged the Hawaii’s Land Use Commission’s 2011 decision to revert the property back to its prior agricultural use, after it sat undeveloped for 22 years with a conditional urban land use classification....

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