The property owner has filed its brief in opposition to the County of Maui's motion for reconsideration of the court's recent decision in the federal court challenge to the County's 40-50% affordable housing exaction, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE. We wrote about the case earlier here (contains a link to the complaint), and analyzed the legal problems with the ordinance under state law here.
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July 31, 2008
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this blog is...
- devoted to recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and Hawaii land use law
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All upcoming and past seminars, conferences, and events here
February 4-6, 2010
I'll be on the faculty of two of the best CLE programs about eminent domain law, ALI-ABA's "Eminent Domain and Land Valuation Litigation," and "Condemnation 101: How To Prepare and Present an Eminent Domain Case," being held concurrently at the Westin Kierland Resort in Scottsdale, Arizona. The first course is designed for attorneys with some condemnation experience, while the second is an introduction or refresher to the basic concepts and techniques in a condemnation case. These are great programs, and early registration discounts are available. More information about "Eminent Domain and Land Valuation Litigation" is available here, and about "Condemnation 101" here.April 30, 2010
I'll be moderating a presentation of the soon-to-be-published book Takings International by Professor Rachelle Alterman, the Chair in Architecture/Town Planning at Technion Israel Institute of Technology. The book presentation will be a part of the ABA State and Local Government Law Section's Spring Meeting in Miami.September 30 - August 4, 2009
I attended the Fall Council Meeting of the ABA's State and Local Government Law Section in Austin, Texas. On Wednesday, September 30, 2009, I was a panelist discussing "Careers in State and Local Government Law." Other panelists were Professor David Callies, Honolulu, HI; David Courreges, Austin, TX; Larry Hoyt, Boulder, CO; and Nikelle Meade, Austin, TX. Donna Frazier, Shreveport, LA, moderated.September 16, 2009
I was on the faculty of Practical Guide to Zoning and Land Use Law, an annual program dealing with zoning approvals, constitutional limitations on land use regulations, and administrative procedure. My sessions were on "Appealing an Administrative Zoning Decision" and "Current Case Law and Legislative Update."
links
- Charley Foster's Hawaii Appellate Law Blog
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- Mark Murakami's Hawaii Ocean Law
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- Brigham Moore's Florida Eminent Domain Law Blog
- Professor Mandelker's Land Use Law
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- Tred Eyerly's Insurance Law Hawaii
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- Eminent Domain Law Blog by Owners Counsel of America
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- Hawaii Appellate Opinions RSS Feed
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- Ackerman Ackerman & Dynkowski's National Eminent Domain Blog
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- ▪ 2008 in review
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- ▪ 42 U.S.C. § 1983 | Civil Rights
- ▪ Administrative law
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- ▪ Court of Federal Claims (CFC) | Federal Circuit
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- ▪ Eminent Domain | Condemnation
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Briefs, articles, and documents, via JD Supra
Eminent domain abuse: County of Hawaii v. Richards, No. 28882 (HAWSCT)
Shoreline accretion amicus brief (HAWICA)
Kelo v. City of New London amicus brief (SCOTUS)
Lingle v. Chevron USA amicus brief (SCOTUS)
Ohana Kauai Property Tax merits brief (HAWSCT)
Ohana Kauai Property Tax merits brief (HAWSCT)
reviews
Little Pink House - A True Story of Defiance and Courage by Jeff Benedict (2009)
The Complete Guide to Zoning by Dwight H. Merriam (2005)
Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land by Carla T. Main (2007)
Eminent Domain Use and Abuse: Kelo in Context, Dwight H. Merriam, editor (2007)
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Recent Posts
- Taking Accretion By Legal Erosion: Summary Of The Oral Arguments In The Hawaii Beach Takings Case (Podcast)
- Yet Another Way To Battle Eminent Domain...
- HAWSCT To Hear Pretext And Private Benefit Appeal
- Life, And Eminent Domain, Imitiate The Clancy Brothers
- That's One Way To Battle Eminent Domain...
- New Book - Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights
- Live Blog Of Turtle Bay/Kuilima EIS Case: Is A Change In "Context," But Not The Project, Enough To Trigger Supplemental EIS?
- Oral Argument Preview, Part II: Hawaii Supreme Court Considers Whether A Change In "Context," But Not The Project, Triggers A Supplemental EIS
- Oral Argument Preview, Part I: Hawaii Supreme Court Considers Whether A Change In "Context," But Not The Project, Triggers A Supplemental EIS
- Behind The Music: Berman v. Parker
resources
December 2009
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