February 2009

A panel of the Ninth Circuit (Judges Reinhardt, Brunetti, and Thomas) is riding circuit to Honolulu next week and will be hearing oral arguments at the downtown courtroom as well as at the U. Hawaii Law School. The court’s calendar is here.

Duck Thanks to Kona Blogger Aaron Stene for sending this next item my way, a follow up to the previous two days’ reports from West Hawaii Today (posted here and here) about Hawaii County’s so-called “fair share” exaction system. In “Council reaffirms belief in fair share legality,” WHT reports:

The county’s Corporation Counsel

Following up on yesterday’s post about the West Hawaii Today series on the legality of Hawaii County’s “fair share” impact fee system, the paper posts three stories about the issue:

  • How much, for what and when? (“The county may have illegally collected $7.4 million in fair share assessments from housing developers since the early

Two more amicus briefs in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008):

Worthwhile article today from West Hawaii Today (the daily newspaper of the Kona side of the Big Island), “Is county practice legal?” The story details the County’s practice of demanding “fair share” payments from property owners and developers who wish to make use of their properties and seek County approvals:

The fair share

Florida’s appellate courts have been active lately in the regulatory takings arena.  Here are links to summaries and analysis of the decisions.

First, from the Florida Land Use Law blog:

Several people have wondered whether the change in presidential administrations may alter the federal government’s position supporting the State of Hawaii in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008). 

Unlikely, according to this post from the law blog at the Wall St. Journal:

The SG