As noted in the story, we recently applied to the Hawaii Supreme Court for a transfer of the case from the Intermediate Court of Appeals to the Supreme Court, and for expedited consideration pursuant to Haw. Rev. Stat. § 11-52 (1993).
Transfer of an appeal from the ICA to the Supreme Court is mandatory…
Today, we filed an amicus brief in Leone v. County of Maui, No. 29696, an appeal in the Hawaii Intermediate Court of Appeals which is considering, among other issues, the question of when a regulatory takings claim is ripe for review under Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City…
On Wednesday, September 16, 2009, I’ll be on the faculty of “Practical Guide to Zoning and Land Use Law,” a day-long seminar in Honolulu. This is an annual program dealing with zoning approvals,constitutional limitations on land use regulations, and administrativeprocedure.
I will be leading sessions on “Current Case Law and Legislative Update,” and “Appealing an…
We’ve just received word that the Office of Ombudsman for Property Rights is closed effective September 8, 2009 “[b]ecause of budgetary constraints.” The office was created two years ago “toassist[] private property owners and public agencies in understandingand applying the law in matters concerning eminent domain andrelocation assistance, including mediation.”
The constitutions and statutes of most states require just compensation to be paid whenever property is taken or damaged for public use. See, e.g., Cal. Const. art. I, § 19 (“Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has…
We can’t figure out this Kafkaesque decision from the Appellate Division of the New Jersey Superior Court. We really can’t.
In Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam), the court held that the government can assert inverse condemnation in order to take property without compensation.
If you had to read that twice…
On September 4, we filed an amicus brief on behalf of Owners’ Counsel of America in Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009).
In Walton County v. Stop the Beach Renourishment, Inc.,998 So.2d 1102 (Fla. Sep. 29, 2008), the Florida Supreme Court heldthat…
Willets Point United has filed an amicus brief supporting their fellow New York City property owners in the public use case now pending in the New York Court of Appeals regarding the Atlantic Yards “redevelopment” project in Brooklyn, Goldstein v. New York State Urban Dev. Corp. As we noted here, Willets Point is…
