inversecondemnation.com: Epstein's Podcast On Koontz: "The Vexed Doctrine Of Unconstitutional Conditions"

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February 7, 2013

Epstein's Podcast On Koontz: "The Vexed Doctrine Of Unconstitutional Conditions"

Worth listening: a 17-minute podcast by Professor Richard Epstein, with his thoughts -- apparently without a script and seemingly in a single breath -- on the oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).

Download the mp3 here. If that doesn't work, go here.

Posted on February 7, 2013 in ▪ Appellate law, ▪ Eminent Domain | Condemnation, ▪ Environmental law, ▪ Inverse condemnation, ▪ Land use law, ▪ Municipal & Local Govt law, ▪ Nollan/Dolan | Exactions, ▪ Property rights, ▪ Regulatory takings | Permalink

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devoted to recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and Hawaii land use law

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Robert H. Thomas is a land use and appellate lawyer based in Honolulu, Hawaii

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events | notices

All upcoming and past seminars, conferences, and events here
Jan. 17-18, 2013
At the bi-annual Hawaii Land Use Law Conference, I'll be moderating a panel on "Development Through Exemptions - The Evolution of Reclassifications, Permitting, Land Use & Development in Hawaii: The Unintended Consequences of an Increasingly Complex System of Regulations," featuring panelists Linda L.W. Chow (Deputy Attorney General State of Hawaii), Oswald K. Stender (Office of Hawaiian Affairs), and Kali Watson (Hawaiian Community Development).

More details here.

books & articles

The Law of Eminent Domain - A Fifty State Survey (ABA 2011)

Eminent Domain - A Handbook of Condemnation Law (ABA 2011)

Local Govt and the First Amendment at the Supreme Court: Legislative Voting as "Speech" and Union Grievances as "Petitions", 35 State & Local Law News (Fall 2011)

Supreme Court Preview: Voting as Speech When a Government Official Has a Conflict of Interest - "Analogy Gone Wild" or First Amendment Right?, 34 Zoning & Planning L. Rptr. (Apr. 2011)

Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010)

Recent Developments in Challenging the Right to Take in Eminent Domain, 42 Urban Lawyer 693 (Summer 2010)

At the Cutting Edge 2009: Land Use Law from The Urban Lawyer (D. Merriam, ed. 2010)

Drawing a Line in the Sand:Stop the Beach Renourishment, Inc. v. Forida Dep't of Envtl. Protection, 33 State & Local Law News 8 (Jan. 2010)

Recent Developments in Public Use and Pretext in Eminent Domain, 41 Urban Lawyer 563 (Oct. 2009)

The Ninth Circuit Rediscovers Substantive Due Process in Land Use Cases (Dec. 2008)

Get a copy of my U.Hawaii Law Review article Arrow of Time: Vested Rights, Zoning Estoppel, and Development Agreements in Hawaii (Feb. 2006)

Because They Can: Judicially Excising the People from the Definition of “County” in the Hawaii Constitution, 31 State & Local Law News 9 (Apr. 2008)

podcasts

Interview With The Filmmaker: Michael Galinsky On "Battle of Brooklyn"
Taking Accretion By Legal Erosion: Summary Of The Oral Arguments In The Hawaii Beach Takings Case

The Kauai Property Tax Charter Amendment Case (KKCR FM 92.7)

Legal and Other Issues In Honolulu's Rail Project (Think Tech Hawaii, KIPO FM 89.3)

live blog archive

Judge McKenna Senate Hearing (2/4/2011)
Justice Alito's Remarks to Hawaii Bar: Ten Things You May Not Know About The U.S. Supreme Court (1/26/2011)
Governor's Announcement of Judge Sabrina McKenna as Associate Justice, HAWSCT (1/25/2011)
Must A Property Owner Seek To Change The Law To Ripen A Federal Takings Claim? (HAWICA, 12/8/2010)
Justice Recktenwald Senate Hearing (8/25/2010)
Judge Leonard Senate Hearing (8/3/2010)
New Jersey's "Bizarre Condemnation" - Klumpp v. Borough of Avalon (NJ Supreme Court, 3/22/2010)
Columbia Eminent Domain Oral Arguments (NY Court of Appeals 6/1/2010)
Turtle Bay/Kuilima Supplemental EIS case (HAWSCT, 12/17/2009)
Atlantic Yards eminent domain abuse (NY Court of Appeals, 10/14/2009)
Ala Loop Homeowners: are state zoning laws "environmental" statutes (HAWSCT, 10/14/2009)
Hawaii SuperFerry II (HAWSCT, 12/18/2008)

links

Julie Tappendorf's Municipal Minute

Andrew Weininger's Wisconsin Eminent Domain Law

Rebecca Copeland's Record on Appeal

Ryan Hew's Hawaii Esquire

Rick Rayl's California Eminent Domain Report

Charley Foster's Hawaii Appellate Law Blog

ABA State & Local Govt Law Section, Condemnation Law Committee

Mark Murakami's Hawaii Ocean Law

Dwight Merriam's RLUIPA Defense

McKirdy & Riskin's NJ Condemnation Law

Tred Eyerly's Insurance Law Hawaii

Eminent Domain Law Blog by Owners Counsel of America

Professor Kanner's Gideon's Trumpet

Dean Patty Salkin's Law of the Land

PLF's Liberty Blog

Ackerman Ackerman & Dynkowski's National Eminent Domain Blog

Charley Foster's Planet Kauai

Jesse Souki's Hawaii Land Use Law & Policy

Hawaii Real Estate News

New Jersey Eminent Domain Law Blog

briefs

Briefs, articles, and documents, via JD Supra

reviews

Names on the Land (2008)

Battle For Brooklyn (Rumur Films 2011)

The Castle (Australia 1997)

Regulating Paradise: Land Use Controls in Hawaii by Professor David J. Callies (2d ed. 2010)

Regulatory Takings by Professor Steven J. Eagle (2013)

Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights, Professor Rachelle Alterman, ed. (ABA Section of State and Local Government Law 2010)

Property Rights, Eminent Domain, and Regulatory Takings Re-Examined Bruce L. Benson, ed. (Independence Institute 2010)

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)

Categories

▪ 2008 in review

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▪ 42 U.S.C. § 1983 | Civil Rights

▪ Administrative law

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▪ Articles and publications

▪ Attorneys Fees & Costs

▪ Brigham-Kanner Conference

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▪ Environmental law

▪ Equal Protection

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▪ Just Compensation | Appraisal

▪ Land use law

▪ Municipal & Local Govt law

▪ Nollan/Dolan | Exactions

▪ Penn Central

▪ Property rights

▪ Property tax

▪ Public Use | Kelo

▪ Rail

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▪ Redevelopment

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▪ Rent Control

▪ RLUIPA | religious land use

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▪ UIPA - Public Records Law

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▪ Williamson County | Ripeness

▪ Zoning & Planning

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This blog is not legal advice. But you knew that already. Reading this blog does not make you a client, nor are any posts or comments on this blog subject to the attorney-client privilege. For legal advice, please retain an attorney licensed in your jurisdiction.
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