In September, the ABA Section on Litigation (Committee on Condemnation, Zoning and Land Use) published Law and Procedure of Eminent Domain in the 50 States, a state-by-state summary of each jurisdiction’s eminent domain laws and cases. I authored the chapter on Hawaii.
Topics covered include who hasthe power to take, sources for condemnation authority…
Revisiting the RLUIPA issue, the Ninth Circuit held in Guru Nanak Sikh Society of Yuba City v. County of Sutter, 456 F.3d 978 (9th Cir., Aug. 1, 2006) that a local land use decision regarding a church’s proposed use of its property violated the federal Religious Land Use and Institutionalized Persons Act of 2000…
I commented upon the decision in Hui Kakoo Aina Hoopulapula v. Bd. of Land and Nat. Res.,112 Haw. 28, 143 P.3d 1230 (Sep. 21, 2006) earlier in this post.
This opinion, detailing when and how a contested case may be demanded, should be read together with Aha Hui Malama O Kaniakapupu v. Land …
The “public trust” doctrine got a further boost in Kelly v. 1250 Oceanside Partners, 111 Haw. 205, 140 P.3d 985 (July 28, 2006).
The public trust doctrine in its original form under Hawaii law was that the Crown or government owns title to all land below the high water mark, which is held in…
In Aha Hui Malama O Kaniakapupu v. Land Use Comm’n, 111 Haw. 14, 139 P.3d 712 (July 24, 2006), the court set forth the standard for when an agency hearing is a “contested case” under the Hawaii Administrative Procedures Act (HAPA). The definition is critical because unless a contested case has been conducted by…
I gave a letter to the postman,
he put it his sack.
Bright and early next morning,
he brought my letter back.
In Jones v. Flowers, 547 U.S. ___ (Apr. 26, 2006), the U.S. Supreme Court answered the question of what further obligation the government has to provide a property owner notice of an…
Rapanos v. United States, 547 U.S. ___ (Jun 19, 2006) was this year’s big environmental case from the U.S. Supreme Court, yet it did little to resolve the question over the geographic scope of “navigable waters” as used in the Clean Water Act. The CWA requires a property owner seek a permit from the…
In Keahole Defense Coalition, Inc. v. Bd. of Land and Nat. Res., 110 Haw. 419, 134 P.3d 585 (May 18, 2006), the Hawaii Supreme Court elaborated on the issue of when a party has “property” within the meaning of the due process clause of the Hawaii Constitution.
The twisted procedural history of the case…
More on Didden v. Port Chester, a case involving a demand for money in exchange for not exercising eminent domain, here:
Bart Didden wanted to put a CVS pharmacy on hisproperty in Port Chester, N.Y. He even obtained approvals from thelocal planning board.
But because a portion of the CVS site was in …
