More reports on yesterday’s HAWSCT arguments in County of Kauai ex rel. Nakazawa v. Baptiste, the appeal challenging the “Kauai v. Kauai” intragovernmental challenge to 2004’s Ohana Kauai property tax Charter Amendment.
The Supreme Court of Hawaii heard arguments today in the appeal involving 2004’s property tax Charter Amendment from Kauai. Details of the case and issue here.
Coverage of today’s arguments:
Past coverage of the appeal:
Continue Reading ▪ Supreme Court of Hawaii Hears Property Tax Arguments
Professor Paul Boudreaux at Land Use Prof Blog asks Should government land use science be easier to challenge? He details a Utah proposal to allow a developer to introduce evidence demonstrating that the science supporting a zoning restriction is faulty, and compel binding arbitration if the government rejects the evidence.
Interesting concept. One might think, under Euclidean norms, that the comprehensiveness of the process would produce a scientifically-valid outcome, but anyone who plays the land use game knows that is not necessarily the case, and the data used to support land use regulation often reminds me of a certain kind of science….Weird Science.
My colleague Greg Kugle was interviewed by KHON-TV2 about some of the proposals to make eminent domain a bit more balanced. Story here, with video.
Continue Reading ▪ Leveling the Eminent Domain Playing Field
On February 15, 2007 from 9:00 – 10:00 a.m., the Supreme Court of Hawaii will hear oral arguments in County of Kauai ex rel. Nakazawa v. Baptiste, the appeal involving 2004’s “Ohana Kauai” charter amendment.
The hearing will be held in the Supreme Court courtroom in the JudiciaryBuilding on King Street in Honolulu
If the government takes your property for public use by eminent domain, it should make you whole, right? After all, eminent domain is the government’s ability to force an unwilling owner to sell her property, so shouldn’t the government have to put the owner in as good a position as she was before the taking?
KITV reports that “Waves Wash Debris Onto North Shore Roadways” during winter high surf on Oahu’s famed North Shore.
What does this mean when the boundary between public property and private land on the shoreline is the upper reaches of the wash of the waves, as evidenced by the vegetation or the debris
No easy answers on seawalls, a column in today’s Advertiser, poses an interesting question. Is it legal to walk on seawalls where there is no beach makai (seaward) of the wall:
Q. In Kane’ohe Bay on O’ahu, there are numerous stretches of the coastline that do not have a beach but rather, the
We all know that in Public Access Shoreline Hawaii v. Hawaii Planning Comm’n, 79 Haw. 25, 903 P.2d 1246 (1995), the Hawaii Supreme Court held:
Our examination of the relevant legal developments in Hawaiian history leads us to the conclusion that the western concept of exclusivity is not universally applicable in Hawai’i.
The court
I had the pleasure and honor to participate as faculty in this year’s Hawaii Land Use Conference, which wrapped up yesterday.
The two-day conference covered the spectrum of topics relating to land use, including eminent domain, regulatory takings, endangered species act and federal Corps of Engineers permits, the treatment of agricultural land under Hawaii’s unique