Mr. McFarland’s property is surrounded by Glacier National Park in Montana. The only way to get to the property in the winter is by Route 7 (the Park Service prohibits snowmobiles). The Service closes the road to the public, but until 1999 allowed landowners limited winter access. In 1999, however, the Service closed the road
October 2008
Hawaii Ceded Lands Case
By Robert H. Thomas on
Posted in Uncategorized
Latest Updates – March 31, 2009
- The opinion of the unanimous court is posted here
- Summary of the decision: Sorry Seems To Be The Hardest Word: U.S. Had “Absolute Fee Simple” Title To Ceded Lands, Apology Resolution Had No Legal Effect
…
Cal. Court of Appeals: Development Moratorium a Taking Under Lucas
By Robert H. Thomas on
The California Court of Appeals, Second District (Los Angeles) today struck down a municipal moratorium on development, which in some cases prevented landowners from developing their properties for 30 years:
We conclude that the resolution, by implementing the moratorium and continuing to prevent plaintiffs from building on their properties, “deprive[d] [plaintiffs’] land of all economically…
Media Coverage of Supreme Court Ceded Lands Case Review
By Robert H. Thomas on
Posted in Appellate law, Land use law
More on the U.S. Supreme Court’s decision to review Hawaii’s “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008):
- The Honolulu Advertiser’s report.
- The Star-Bulletin’s report is here.
- Hawaii Attorney General’s press release: “I am pleased that the United States Supreme Court has granted certiorari
…
Hawaii Ceded Lands Case: U.S. Supreme Court Grants Cert Review
By Robert H. Thomas on
Posted in Appellate law, Land use law
The U.S. Supreme Court has granted the State of Hawaii’s petition for a writ of certiorari to review the Hawaii Supreme Court’s decision in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.petition filed Apr. 29, 2008). The State of Hawaii asked the Court to review and overturn Office of …