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STATE v. MIDKIFF

No. 5327.

516 P.2d 1250 (1973)

STATE of Hawaii, By its ATTORNEY GENERAL, Plaintiff-Appellee, Cross-Appellant, v. Frank Elbert MIDKIFF et al., Trustees under the Will and of the Estate of Bernice Pauahi Bishop, Deceased, Defendants-Appellants, Cross-Appellees.

Supreme Court of Hawaii.

As Amended December 13, 1973.

Rehearing Denied December 28, 1973.

Attorney(s) appearing for the Case

Robert E. Brown, Cades, Schutte, Fleming & Wright, J. Russell Cades, Honolulu, for appellant.

Daniel S. Ukishima, Johnson H. Wong, Deputy Attys. Gen., George Pai, Atty. Gen., Honolulu, for appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON, JJ., and LUM, Circuit Judge, in place of KOBAYASHI, J., disqualified.

RICHARDSON, Chief Justice.

This appeal arises out of an action by the State of Hawaii, under its power of eminent domain to acquire certain parcels of land at Waiau, Oahu, fee simple title to which was held by Midkiff et al. as Trustees of the Estate of Bernice Pauahi Bishop (hereinafter "Bishop Estate"). This condemnation is a partial taking of the Bishop Estate's holdings in the Ahupuaa of Waiau. The land taken consists of 48.966 acres in the configuration of a...

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