For those of you within striking range of Santa Barbara on Tuesday, April 14, Jeff Benedict, the author of Little Pink House – A True Story of Defiance and Courage (Grand Central Publishing 2009) (available from Amazon here) will be speaking at the Community Leaders Forum from 5-7pm in the Loggia Ballroom at
2009
Rail Taking Valuations In A Flat To Declining Market
By Robert H. Thomas on
Posted in Eminent Domain | Condemnation, Property rights
Sean Hao at the the Honolulu Advertiser reports “Land prices for Hawaii rail route jump $100 million since 2006,” with the lede: “Honolulu real estate prices are expected to fall over the next threeyears, but the estimated cost of acquiring land to build Honolulu’selevated commuter train is going up.” Indeed, the City’s estimate…
Federal Circuit: Commercial Fishing Ban Frustrated Contract, But Is Not A Taking
Thanks to my fellow Damon Key land user Greg Kugle for letting me know the Federal Circuit has affirmed Palmyra Pacific Seafoods, L.L.C. v. United States, 80 Fed. Cl. 228 (Jan. 22, 2008), a case we summarized here. The Federal Circuit’s opinion is available here.
The court held that licenses to use…
Pretext In Eminent Domain: Law Of The Land On The Coupe Opinion
By Robert H. Thomas on
Dean Patty Salkin’s Law of the Land blog posts James Lawlor’s summary of the Hawaii Supreme Court’s decision in County of Hawaii v. C&J Coupe Family Ltd. P’ship, 119 Haw. 352, 198 P.3d 615 (2008), “Court Must Decide If Public Purpose Claimed for Road Was Pretextual.”
The Hawaii Supreme Court ruled a…
Hawaii’s Good Friday Holiday: It’s Like Thanksgiving And Christmas
By Robert H. Thomas on
If you are wondering why your calls to State and County offices go unanswered tomorrow, it is because it is Good Friday, a legal holiday in the State of Hawaii pursuant to Haw. Rev. Stat. § 8-1.
The day of the crucifixion was originally made a holiday in 1941 by the Territorial Legislature.
Hawaii Business Magazine Column: Using Blogs, Social Media To Connect
By Robert H. Thomas on
Posted in Articles and publications
Hawaii Business magazine has published my column about how our firm is using web 2.0 tools to communicate and connect, “Connect with customers with blogs, Twitter.”
Ironically, the article is not (yet) available on-line, so here it is:
Connect with customers with blogs, Twitter
They’re easy to use and effective
Take note, small-…
New Article: Is Eminent Domain Reform Just Window Dressing?
By Robert H. Thomas on
A new article from the ABA Journal “Where’s the Revolution” about whether post-Kelo reforms of eminent domain law have any real effect on the law. According to the summary of the article on the Geo. Mason U. law school web site:
Despite the fact that the Supreme Court’s 5-4 vote in Kelo…
Two Interesting Eminent Domain Decisions
By Robert H. Thomas on
Posted in Eminent Domain | Condemnation, Public Use | Kelo
Our thanks to Dwight Merriam for letting us know about these two decisions.
- Gold v. Town of East Haddam, No. 18067 (Conn. Mar. 24, 2009) – On one hand, this is a fairly straightforward summary judgment case: are material facts disputed such that a trial is merited? On the other, it involves the question
…
Tuesday Round-Up: Forced Farming, Tax Or Taking, RLUIPA Loophole
Several items of interest:
- California Coastal Commission: “You must farm” – As a condition of allowing a Northern California family to build a home, the California Coastal Commission demanded that they dedicate an “agricultural easement” on their 143-acre parcel. In other words, as a condition of use, the Commission requires a family that has never
…
New Cert Petition And Amicus Brief On Nollan/Dolan Applicability To Legislative Exactions, In-Lieu Fees
A cert petition has been filed seeking review of the Ninth Circuit’s decision in McClung v. City of Sumner, 548 F.3d 1219 (9th Cir. 2008), the case in which the court held:
This case presents an issue of first impression in this Circuit — whether a legislative, generally applicable development condition that does not…