The County of Hawaii has filed its Answering Brief in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P’ship,two condemnation cases arising out of the County’s attemptsto take a Kona family’s property. The brief responds to the Opening Brief which my Damon Key colleagues Ken Kupchak, Mark Murakami
New Paper On Washington State’s Approach To Nollan/Dolan Exactions – Do Generalized Assessments Satisfy The “Essential Nexus” Test?
My Pacific Legal Foundation colleagues Brian Hodges and Daniel Himebaugh have posted a new paper on Nollan/Dolan exactions: Have Washington Courts Lost Essential Nexus to the Precautionary Principle? – Citizens’ Alliance for Property Rights v. Sims, available on SSRN here. The authors’ summary:
ThisArticle examines how Washington State courts have allowed theprecautionary principle to
New SCOTUS Cert Petition From Kauai: Is Surrender Clause In State Lease A Taking?
Recently, the owners of vacation cabins located on leased land in a state park on the island of Kauai filed a cert petition which asks the U.S. Supreme Court to review an unpublished decision of the Hawaii Intermediate Court of Appeals which held that the State did not run afoul of the Takings Clause when
New Article On Florida Beach Judicial Takings Case
The most recent edition of State & Local Law News has an article summarizing the arguments in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009).
That case, which has been argued and is currently awaiting disposition by the Supreme Court, asks whether a state
The Latest On Eminent Domain In New York From The NY Times
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]