If you need another reminder of what land use and zoning law looks like on Kauai in practice (and, in turn, in Hawaii generally), see this article, Hanalei vs. Hanalei in The Garden Island newspaper. It’s about a proposal to develop a new resort that (not surprisingly) is “meeting staunch opposition from a rapidly growing
Introducing The Hawaii Appellate Practice Manual (2012)
Introducing the recently-published Hawaii Appellate Practice Manual, your one-stop source for everything you need to know about appeals in Hawaii’s Supreme Court and the Intermediate Court of Appeals.
Our Damon Key colleagues contributed much to this work, with Rebecca Copeland serving as the editor and point person, and several DK attorneys authoring or contributing
Shifting Gears In SCOTUS Takings Case: Are Floods Treated As Physical Invasions, Or Analyzed Under Penn Central?
If you understand that headline, congratulations: you are officially a takings geek.
Here’s another piece worth reading, to prepare yourself for next week’s oral arguments in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012): Is the federal government shifting the focus in Arkansas Game & Fish Commission?
Greenwire Previews SCOTUS Takings Case
Greenwire’s Lawrence Hurley has posted his preview of next week’s Supreme Court arguments in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012).
In Ark. girds for showdown with Army Corps over forest flooding, Hurley writes:
The Supreme Court’s job is to decide whether temporary flooding of
Allegations Of Zoning Enforcement Outrages On Kauai (Part II) – A Rice Cooker Is A Kitchen?
Check out this complaint, filed last week in federal court in Honolulu by a Kauai councilmember against the County of Kauai, a Planning Department Official, and the Kauai prosecutor. The councilmember claims the defendants maliciously prosecuted him for a zoning violation.
And just what was the alleged zoning violation?
While the Planning official was
More On The Ninth Circuit’s Ruling That Homeless Have Property Rights, Too
Here’s a follow up to our earlier brief post about the opinion in Lavan v. City of Los Angeles, No.11-56253 (Sep. 5, 2012), in which a 2-1 Ninth Circuit panel held that the Fourth and Fourteenth Amendments protect the homeless against the City of L.A.’s seizure and destruction of their “momentarily unattended” property. The
Takings Tuesday
Here are links to worthwhile reads, all with a takings flavor:
- Using Eminent Domain to Take Property For Universities – Lawprof Ilya Somin at Volokh comments on the recent article in the Chronicle of Higher Education,” why takings for the benefit of universities are generally a bad idea even if they are legal.” Just ask
Upcoming Program – The U.S. Housing Recovery: Lessons From California
In or near Sacramento this week? You may want to attend this free program, sponsored by the American Action Forum:
The American Action Forum will host a panel discussion at the Hyatt Regency in Sacramento on the devastating downturn of the housing market and painful recovery currently facing our nation. There’s no question California’s housing
“Eminently Reasonable,” Or Desperate Times Breed Desperate Measures?
In the op-ed piece “Eminently reasonable,” Brooklyn lawprof David Reiss writes that “using the power of eminent domain to restructure underwater mortgages is constitutional, beneficial and administratively feasible.”
Local governments across the country are considering an innovative use of eminent domain. They propose to condemn underwater mortgages (those that exceed the fair-market value
Property Owner’s Reply Brief In Arkansas Game & Fish Comm’n: Flooding Causing Destruction Is Physical, Not Regulatory Taking
Here’s the property owner/petitioner’s Reply Brief in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the Supreme Court takings case scheduled to be argued on October 3, 2012.
The Federal Circuit held that flooding caused by the Corps was only temporary that destroyed G&F’s trees did not