Two more amicus briefs in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008):
West Hawaii Today Series: Is County [“Fair Share” And Impact Fee] Practice Legal?
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
PING: Well HatchedURL: http://livepress.in/kickstart-your-career/IP: 219.234.82.86BLOG NAME: Well HatchedDATE: 02/09/2013 03:34:47 PMinversecondemnation.com: Florida Regulatory Takings Links
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:
- 5th DCA – Landmark Takings Case: Off Site Exaction a Taking under Nollan/Dolan Where Applicant Refused Permit Due to Condition (St. Johns Water Mgmt
New SG Unlikely To Alter Fed Gov’t’s SCOTUS Arguments In Ceded Lands Case
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
CFC: No Taking Of Attorney’s Contingency Fee Agreement By Congressional Limitation Of Fees
In Zaid v. United States, No. 08-020C (Jan 22, 2009), the Court of Federal Claims held that an attorney who had a one-third contingent fee arrangement with his client did not have a claim for a taking when Congress placed a 10% fee limitation in two private bills.
Attorney Zaid represented two FBI informants
Federal Circuit To Bikini Islanders: Get In Line Behind The Auto Companies, The Banks, And Executive Bonuses
How’s this for a raw deal: not only does the federal government seize both your land and your home, but it also takes your entire country with the intention of detonating multiple thermonuclear weapons where you once lived. Meaning you won’t be able to return to the homeland you loved for oh, let’s just say
Cal. Supreme Court Won’t Review San Francisco Redevelopment Initiative
According to this report from the San Francisco Chronicle, the California Supreme Court has denied review of Defend Bayview Hunters Point Committee v. City and County of San Francisco, 167 Cal. App. 4th, 84 Cal. Rptr. 3d 486 (Cal. Ct. App. 2008), the decision held:
The Defend Bayview Hunters Point Committee (DBHPC) gathered the required
Cato Institute Podcast: A Story Of Eminent Domain Abuse Featuring Susette Kelo
Thanks to Charley Foster for pointing out this podcast of Susette Kelo’s recent appearance at the Cato Institute’s forum about the book Little Pink House: A True Story of Defiance and Courage, by Jeff Benedict (available from Amazon here):
The mp3 of the podcast can also be downloaded directly here.
Hawaii Governor On The SCOTUS “Ceded Lands” Case
In her state of the state address today, Hawaii Governor Linda Lingle had this to say about the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008):
Before concluding I want to take a moment to speakabout the case pending before the United States Supreme Court involvingthe issue
Here’s A Novel Proposition: How About Paying For It?
The Honolulu Advertiser reports “Lingle wants Ka Iwi coast free of development,” about the Governor’s efforts “paving the way for the final step in preserving the most accessiblewild coastline on O’ahu for generations to come.”
And just how is the Governor proposing to “preserve” this privately-owned and urban-zoned land from the “threat of