2011

A Warning

A bit of warning before we start: this is going to be a long post. Not because the issues in City & County of Honolulu v. Sherman, No. 28945, being argued on Wednesday, December 14, 2011 at 9:00 a.m. in the Intermediate Court of Appeals are particularly interesting, but because this case

Today was the day we were to have found out whether the Supreme Court would review Corboy v. Louie, No. 11-336 (cert. petition filed Sep. 15, 2011). That’s the case seeking review of the Hawaii Supreme Court’s opinion which concluded that challengers to the property tax exemptions conferred on lessees of Hawaiian Homesteads lacked

Einstein460x276No less a light than Albert Einstein is reported to have said that the “definition of insanity is doing the same thing over and over again and expecting different results.” That quote has always seemed more apocryphal than accurate to us, but it’s a good definition regardless of who first uttered it.

Exhibit “A” appended

So you think you’ve seen accretion (the growth of new land on littoral or riparian property)? Check out the above video (also here), showing the latest dramatic lava flow on the Big Island of Hawaii. Now that’s accretion.

Is there a legal angle to this? Of course there is. To start you off

The old adage is that a waterway is “navigable” for purposes of federal law if it is deep enough to float a Supreme Court opinion. Seriously, though, the less cheeky test of navigability is whether a waterway is capable of being used in its natural state as an avenue of commerce, meaning whether it was

Pearl_harbor_12_7_2011

USS Missouri, USS Arizona Memorial, the Battleship Row moorings,
and two tugs rendering honors. Ford Island in the background.

“Sacrifice,” “courage,” and “service” were words repeated many times today at the ceremony to commemorate the 70th anniversary of the attack on Pearl Harbor. I was fortunate enough to be invited to attend, to bear witness

5330215_big To those who were able to join us this evening for the celebration of the publication of Eminent Domain – A Handbook of Condemnation Law, thank you.

The University of Hawaii Law School sponsored the reception, and it was good to see so many colleagues and friends in attendance. U.H. put the event