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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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events | notices
All upcoming and past seminars, conferences, and events here
October 20, 2010
As a follow up to the live panel discussion of the Supreme Court's "judicial takings" case, Stop the Beach Renourishment, Inc. v. Florida Dep't of Envt'l Protection, the ABA will be presenting a teleconference on the case.
I will again be moderating a panel with experts Professor John Echeverria (Vermont Law School), Jim Burling (Pacific Legal Foundation), Richard Frank (U.C. Davis Law School), and Dan Stengle (one of the attorneys who argued the case).
More details to be posted as they become available.
August 6, 2010
One of the featured CLE sessions at the 2010 American Bar Association annual meeting in San Francisco was the Section of State and Local Government Law's session on the beach renourishment case, Stop the Beach Renourishment, Inc. v. Florida Dep't of Envt'l Protection, a case involving "judicial takings" and ownership of beachfront land. The Section of Real Property, Trusts, and Estate Law co-sponsored the session.
I moderated a panel discussing the case and its implications. Also on the panel were Professor John Echeverria (Vermont Law School), Jim Burling (Pacific Legal Foundation), Richard Frank (U.C. Davis Law School), and Dan Stengle (one of the attorneys who argued the case).
May 6, 2010
I presented a session on Are Courts Waking Up To Property Rights? at the Western Manufactured Housing Communities Association's Spring Seminar.
April 30, 2010
I moderated a presentation of the recently published book Takings International by Professor Rachelle Alterman, the Chair in Architecture/Town Planning at Technion Israel Institute of Technology.
In addition to Professor Alterman, the panel included Professor Russell Brown (University of Alberta) and Professor Bryan Schwartz (University of Manitoba) who gave details and criticisms of Canada's approach, Professor David Callies (University of Hawaii) discussing the Asia and Pacific approaches, and Professor Tom Roberts (Wake Forest University) comparing our homegrown system.
In a separate program on Land Use Hot Topics, I presented a paper Recent Developments in Challenging the Right to Take in Eminent Domain.
These sessions were part of the ABA State and Local Government Law Section's Spring Meeting in Miami.
podcasts
live blog archive
- 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)
links
- Hawaii Bar Assn Real Property & Financial Services Section
- 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 Land Use posts at IMLA's Local Government Blog
- Brigham Moore's Florida Eminent Domain Law Blog
- Professor Mandelker's Land Use Law
- McKirdy & Riskin's NJ Condemnation Law
- Tred Eyerly's Insurance Law Hawaii
- Jim Mattson's Grand Theft: Property
- Eminent Domain Law Blog by Owners Counsel of America
- Professor Kanner's Gideon's Trumpet
- Dean Patty Salkin's Law of the Land
- Hawaii Appellate Opinions RSS Feed
- PLF on Eminent Domain
- 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
Year in Review
Categories
- ▪ 2008 in review
- ▪ 2006 in review
- ▪ 2007 in review
- ▪ 2009 in review
- ▪ 42 U.S.C. § 1983 | Civil Rights
- ▪ Administrative law
- ▪ Agriculture
- ▪ Appellate law
- ▪ Articles and publications
- ▪ Court of Federal Claims (CFC) | Federal Circuit
- ▪ Development agreements
- ▪ Due process
- ▪ Eminent Domain | Condemnation
- ▪ Environmental law
- ▪ Equal Protection
- ▪ Inverse condemnation
- ▪ Land use law
- ▪ Nollan/Dolan | Exactions
- ▪ Penn Central
- ▪ Property rights
- ▪ Property tax
- ▪ Public Use | Kelo
- ▪ Rail
- ▪ Regulatory takings
- ▪ RLUIPA | religious land use
- ▪ Seminars
- ▪ Shoreline | CZMA
- ▪ Vacation rentals
- ▪ Vested rights
- ▪ Voting rights | election law
- ▪ Water rights | Public trust
- ▪ Williamson County | Ripeness
books & articles
briefs
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
Regulatory Takings by Professor Steven J. Eagle (Dec. 2009)
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)
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)
add IC to your site
latest hawaii appellate opinions
recent posts from hawaiioceanlaw
recent posts from insurance law hawaii
Recent Posts
- Another Podcast On The Judicial Takings Case (Stop The Beach Renourishment v. Florida)
- Call For Eminent Domain Photos For Upcoming ABA Book
- Entering Our Fifth Year
- North Dakota SCT: Gov't Seizure A Function Of Police And Tax Power, Not Eminent Domain
- CJ-Appointee Recktenwald's ICA Opinions
- Seventh Circuit: Threat Of Eminent Domain No "Sword Of Damocles," So Declaratory Judgment Suit Premature
- HSBA Real Property Section Legislative Update (8/25/2010)
- 8/25/2010: Live Blog Of Justice Recktenwald Senate Hearing
- Why Isn't This A "Judicial Taking?" Washington Supreme Court Orders Property Owner To Sell To Neighbor
- Matt Fellerhoff Appointed To The Ohio Bench
resources
September 2010
Disclaimer
- 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.
This blog is not sponsored by the author's firm, and the views expressed by the author are just that; they are not the views of his clients, his firm or its clients, or anyone but for the author.
© 2005-2010. All rights reserved.
In Robertson v Audubon Society, environmental groups sued to prevent logging in old growth forests. Congress passed legislation addressing the lawsuits by name. Supreme Court held it was a permissible change in law, not directing results under old law.
Posted by: Charley Foster | December 18, 2008 at 11:30 AM
Bulgo v. Maui County, 430 P.2d 321, 50 Hawai'i 51 (1967)), involved legislation that enabled Maui County to replace a member of the board of supervisors who had died after his election but before the start of the term.
As with Act 2, it was patently obvious that the legalisation was drafted to apply to the particular situation in Maui County. In fact, by its terms, the legislation could only ever apply to that one situation. Nevertheless, the court ruled that so long as the law is couched in general terms applying to a class rather than a particular (in this instance) county, then it was general legislation and therefore constitutional.
Posted by: Charley Foster | December 18, 2008 at 11:36 AM
So, according to Bulgo, it's ok to violate the intent of the law?
Posted by: Jesse | December 18, 2008 at 11:46 AM
Robert,
How do we get this Cover it Live to scroll down?
Brad
Posted by: Mauibrad | December 18, 2008 at 06:06 PM
Brad,
I think I fixed it -- the scroll bar was covered up on the right side. Let me know if you don't see the scroll bar, or if there are other issues.
Robert
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Posted by: lilly adams | March 22, 2010 at 08:44 PM