In “New Kauai shoreline erosion bill among the nation’s most conservative,” Jan TenBruggencate summarizes the recently enacted Kauai ordinance adopting a variable shoreline setback:
Kaua’i County has adopted the most aggressive shoreline buildingsetback law in the state, a powerful policy that aims to protectcoastal structures against 70 to 100 years of erosion.
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The plaintiff property owner has filed a motion for partial summary judgment in the federal court challenge to Maui County’s “affordable housing” requirement. Kamaole Pointe Development LP v. County of Maui, Civ. No. CV07-00447 DAE LEK (filed Feb. 28, 2008).
The Maui ordinance, enacted last year, imposes a 40% to 50% affordable requirement on
In “Defend the Castle!,” Professor Gideon Kanner referenced a British vaudeville song by the Clancy Brothers, “They’re Moving Father’s Grave to Build a Sewer.” He wrote:
And speaking of entertaining stuff that’s related to eminent domain —and Lord knows there is precious little of that — there is also awonderful old
In “Defend the Castle!” Professor Gideon Kanner adds to my recent review of “The Castle,” a comedy about an Australian family’s fight to preserve their home from a Kelo-esque taking. Professor Kanner clarifies the Australian condemnation law:
And by the way, speaking of things Australian, we might mention thatthe Aussie term for
The San Francisco Chronicle posts “Maui County closes unlicensed bed and breakfasts and vacation rentals,” with background on the issue and the pending Ninth Circuit appeal.
In what is becoming a divisive battle – bothin court and in residential neighborhoods – the owners of the B&Bsand rental homes charge that the new
The Kerrigan home will never make the pages of Australian House Beautiful: it sits in the flight path of the Melbourne airport, massive power lines run overhead, the back yard used to be a toxic landfill, and the owner has installed a few — ahem — “unauthorized” additions including a greyhound kennel, a massive
U.S. Supreme Court Associate Justice Stephen Breyer was a guest on Jay Fidell’s ThinkTechHawaii radio program yesterday. KHPR has posted the podcast of the interview here (21mb mp3). The interview begins at the 17:30 mark.
Mark Murakami earlier posted a summary of Justice Breyer’s speech to the Hawaii Bar.
Thank you to all those who attended today’s Advanced Land Use Seminar. Here are the links to the cases I discussed. Also, for anyone who wants the Powerpoint presentation from the first session, email me.
In Palmyra Pacific Seafoods, L.L.C. v. United States, No 07-35L (Jan. 22, 2008), the U.S. Court of Federal Claims (the article I court that hears inverse condemnation claims against the federal government) held that federal regulations which prohibited commercial fishing in waters around Palmyra Atoll and Kingman Reef did not take the plaintiffs’ licenses
Mark your calendars for February 29, 2008. That’s the day the US Supreme Court will decide whether to review a petition for certiorari which calls for the overruling of Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985), the case that brought us the “ripeness” rule in regulatory takings. A summary