Here is the unofficial transcript of the Feb. 15, 2007 oral arguments in County of Kauai ex rel. Nakazawa v. Baptiste,the appeal challenging the “Kauai v. Kauai” intragovernmental lawsuitinvolving 2004’s Ohana Kauai property tax Charter Amendment. The recording of the arguments is posted here.
2007
▪ Oral Arguments in Kauai Property Tax Appeal (mp3)
By Robert H. Thomas on
The recording of the Feb. 15, 2007 oral arguments in County of Kauai ex rel. Nakazawa v. Baptiste, the appeal challenging the “Kauai v. Kauai” intragovernmental lawsuit involving 2004’s Ohana Kauai property tax Charter Amendment is now available, in three parts:
- Appellants’ opening argument (20mb)
-
Appellee’s argument / Appellants’ rebuttal (at 14:45) (27mb)
-
Appellee’s rebuttal (5mb)
Summaries of the arguments here and here (Hawaii Public Radio report).
Continue Reading ▪ Oral Arguments in Kauai Property Tax Appeal (mp3)
▪ Correcting Misperceptions of Prop 13
By Robert H. Thomas on
A letter to the editor of the Honolulu Advertiser (scroll down to “Analysis of Prop. 13’s Effect Missed the Mark”) by the president of the Howard Jarvis Taxpayer Association correcting the article Echoes of California’s Prop. 13 in Kauai’s tax case:
California is still a high tax state — we rank sixth in per…
▪ Briefs in SCOTUS Exaction Case
By Robert H. Thomas on
SCOTUSblog posts the merits briefs, the joint appendix, and briefs amici curiae in Wilkie v. Robbins. That case involves land use exactions, and whether the government’s illegal conduct qualifies as the predicate act of “extortion” under the RICO statutes. More on the issues here.
▪ Careers in Property Law
By Robert H. Thomas on
Posted in Land use law
I was at the University of Hawaii Law School today for an informal discussion with students about opportunities to practice property-related law. There are many, and Hawaii has always been a hotbed of cutting edge issues in land use, regulatory takings, and eminent domain law.
For example, the current Kelo-eque nearly-anything-goes approach to “public…
▪ Ninth Circuit: No Fifth Amendment “Property” in Punitive Damage Award
By Robert H. Thomas on
Posted in Inverse condemnation, Regulatory takings
After a jury found that an Oregon state agency violated the plaintiff’scontitutional rights when it laid her off, it required Oregon to pay her compensatoryand punitive damages. After the judgment, Oregon got 40% back. The Oregon “split recovery” statute provides that for certain punitivedamage awards, the state is entitled to 40% of the award, to be deposited into a victim’s compensation fund, even when the state is the defendant. The plaintiff claimed, among other things, that the statute effected a taking of her property without just compensation.
The Ninth Circuit held in Engquist v. Oregon Dep’t of Agriculture (No. 35170, Feb. 8, 2007) that the plaintiff’s interest in a punitive damage award was not “property” protected by the Fifth Amendment’s Takings Clause. The court’s takings analysis begins on page 1527 of the slip opinion.
Continue Reading ▪ Ninth Circuit: No Fifth Amendment “Property” in Punitive Damage Award
▪ Property Owner Brief in Land Use Extortion Case
By Robert H. Thomas on
SCOTUSblog posts the brief for the landowner in Wilkie v. Robbins, a land use case to be heard by the US Supreme Court on March 19. The appeal arose after federal officials used their regulatory power to coerce a Wyoming rancher to give the government an easement without just compensation. Among other claims, the…
▪ KHPR Report on Kauai Tax Appeal (mp3)
By Robert H. Thomas on
Hawaii Public Radio (KHPR) has posted a report on last week’s County of Kauai ex rel. Nakazawa v. Baptiste appeal arguments here (2mb mp3).
▪ Echoes in Kauai Tax Appeal
By Robert H. Thomas on
The Advertiser’s Jerry Burris writes Echoes of California’s Prop. 13 in Kauai tax case with thoughts about the County of Kauai ex rel. Nakazawa v. Baptiste appeal:
There are some interesting legal niceties in this case that will become fodder for law school classes for years to come.
The first is the oddity that the…
▪ Another Report on HAWSCT Property Tax Arguments
By Robert H. Thomas on