November 2010

Last Friday, I was on the faculty of Integrating Water Law and Land Use Planning, a seminar on Hawaii’s unique water law.

My session covered “Water Rights, Property Rights and the Law of Settled Expectations,” and provided a crash course in Hawaii land use law, the interrelationship between land use law and water law

Still not have your MCLE hours for 2010? Will you be in or near Plano, Texas on December 2 and 3, 2010? Want to attend a conference at which the top minds in planning, zoning and eminent domain law are speaking?

Well, you’re in luck. There’s still time to register for Planning, Zoning and Eminent

In Lichoulas v. City of Lowell, No. 09-P-1448 (Nov. 17, 2010), the Massachusetts Court of Appeals concluded that the state’s Land Court has subject matter jurisdiction to consider a property owner’s contesting of the state’s title to property which it purportedly took by eminent domain.

In that case, a follow-up to an earlier federal

It’s pretty easy to blog about cases in which your side prevails, but not so easy when you don’t. This post is one of the latter instances. In County of Hawaii v. C & J Coupe Family Ltd. P’ship, No. 29887 (Nov. 10, 2010), a unanimous court in an opinon authored by Justice Acoba

We use “takings,” “Takings Clause” and “Fifth Amendment rights” as a convenient shorthand for the right of property owners to object or obtain compensation when a government act has so interefered with their rights that it might as well have exercised eminent domain. Every now and then, we need a reminder that the Takings Clause

Last week, the U.S. Supreme Court heard oral arguments in United States v. Tohono O’odham Nation, No. 09-846 (cert. granted Apr. 19, 2010), the case involving the scope of the Court of Federal Claims’ subject matter jurisdiction. The transcript of the argument  is posted here, and in a new feature, the Court has

Just in: the Texas Supreme Court has issued an opinion in Severance v. Patterson, No. 09-0378 (Nov. 5, 2010). In that case, the court ruled on “whether private beachfront properties on Galveston Island’s West Beach are impressed with a right of public use under Texas law without proof of an easement” when an avulsive

The U.S. Supreme Court has declined to review Maunalua Bay Beach Ohana 28 v. State of Hawaii, 122 Haw. 34, 222 P.3d 441 (Haw. Ct. App. 2009). That’s the case in which the Hawaii Intermediate Court of Appeals concluded that ownership of beachfront property includes only a partial right to accreted land.

The ICA