Hawai'i Supreme Court holds that a regulation prohibiting all construction on property was not necessarily a taking of property requiring just compensation

The Hawai'i Supreme Court held in Leone v. County of Maui, 404 P.3d 1257 (Haw. 2017), that a building prohibition does not constitute a per se or categorical taking of property without just compensation. "[A] regulation could potentially require land to be left substantially in its natural state and still not be considered a taking" because the land could still have significant market value and the evidence at trial was conflicting on the question of the whether the land did retain economically beneficial use. In addition, the owners had bought the property for sale for $3 million, put it up for sale at a listing price of $7 million, and received two offers at $4.5 and $4.6 million which they turned down. There was also evidence that the property could have been used for commercial purposes as a private park.

See also: Takings