The New York Times’ “Square Feet” column today posted “Lessons on Limits of Eminent Domain at Columbia,” about the recent decision in Kaur v. New York State Urban Dev. Corp.,2009 NY Slip Op 08976 (Dec. 3, 2009). In that case, the New York SupremeCourt, Appellate Division (First Department) struckdown the attempted
Motions For Reconsideration In ICA Accretion Taking Appeal
Both parties have asked the Hawaii Intermediate Court of Appeals to take another look at its opinion in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175 (Dec. 30, 2009).
In that case, the court held (1) the Hawaii Legislature took existing littoral accretion when it assigned ownership of the accretion from
New Cert Petition: Is Littoral Owner Trespassing When The Shoreline Erodes, Placing Lawful Structure In The Water?
Many years ago I got a parking ticket, my first. Here’s the story: when I left the car, it was a legal space, no meter. In the few hours I was away, the city public works department erected a “no parking” sign and painted the curb red. The police were equally efficient, and by the
National Assn Of Homebuilders Amicus In Bizarre New Jersey Taking Case
Two New Books On Eminent Domain
Check it out: two recently-published books on eminent domain. We’ve not had a chance to read either one yet, but they both look promising:
- Before Eminent Domain: Toward a History of Expropriation of Land for the Common Good by Susan Reynolds. From the publisher’s description: “In this concise history of expropriation of land for
2009 Land Use In Review: The Supreme Court’s “Ceded Lands” Decision – Sorry Seems To Be The Hardest Word
The biggest Hawaii-related case of the year that was not just a local story was the U.S. Supreme Court’s decision in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, 129 S. Ct. 1463 (Mar. 31, 2009). [Disclosure: we filed a brief in the case in support of the State, available here]
“At the start of this project, my company announced that it would try to avoid the use of eminent domain”
This probably isn’t the phrasing you should use if you are trying to convince others that you are not a “politically connected developer” who got the government to exercise eminent domain on your behalf.
“Atlantic Yards project was not properly presented,” complains Charles Ratner, the president of Forest City Enterprises in this letter to the
2009 Land Use In Review: The Three Lessons From Hawaii Superferry
No doubt about it, the biggest Hawaii-centric land use related story this year was the continuing saga of the Hawaii Superferry. The case resulted in above-the-fold headlines, blogs devoted to the issue, and at least two trips to the Hawaii Supreme Court. We even live blogged the oral arguments. A summary of the case is
Upcoming Teleconference On Land Use Exactions
Next Tuesday (January 12, 2010) from 1-2pm Eastern Time, I’ll be speaking at a teleconference on land use exactions for members of the International Municipal Lawyers Association. I’ll be the guest of nationally-renown land use law experts Professor Dan Mandelker and attorney Dwight Merriam.
More information here.
Hawaii Courts Now On Twitter
The Hawaii Judiciary is now on Twitter. It looks like it will cover opinions from the Supreme Court and Intermediate Court of Appeals, as well as other judiciary news.
Check it out here.
If you don’t know what Twitter is, never mind (but you really should come join the conversation). In addition to the