February 2013

Dmerriamportland

Yesterday, our ABA and Owners’ Counsel of America colleague Dwight Merriam gave the keynote address at the 7th International Conference of the Academic Association on Planning, Law, and Property Rights, in Portland, Oregon.  Dwight’s presentation, “Getting Past “Yes or No” – Linking Police Power Decision-making with Just Compensation,” centered on the idea

In a recently-published law review article, U. Hawaii lawprof David Callies found that “the Moon Court [1993-2010] decided some of thestate’s most important property and related environmental and Native Hawaiianrights cases in favor of the various non-governmental organizations bringingthem (Sierra Club, Earthjustice, Hawaii’s Thousand Friends, and the NativeHawaiian Legal Corporation) approximately eighty-two percent of

Here’s a case where the Hawaii Intermediate Court of Appeals’ opinion, while interesting (and, we think, correct), teases us with the underlying story.

In Perry v. Perez-Wendt, No. 30329 (Feb. 8, 2013), a lawyer was in the running to be appointed as the County Attorney for the County of Kauai. Five of his brothers

If you are a member of the ABA, mark your calendars for Tuesday, February 26, 2013, noon to 1:00 p.m. Eastern Time, for a free teleconference jointly sponsored by the ABA’s Section on Litigation’s Environmental Litigation Commitee and the Condemnation, Zoning, and Land Use Committee to discuss the latest and greatest in takings law

nailhouse

According to “Moats dug around Chinese villagers’ houses to drive them out,” they’re now resorting siege tactics to deal with holdout “nail houses” in southern China:

Forced evictions and land disputes are a major cause of social unrest in China, where there are tens of thousands of mass incidents each year.

This week

Worth listening: a 17-minute podcast by Professor Richard Epstein, with his thoughts — apparently without a script and seemingly in a single breath — on the oral arguments in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). 

Download the mp3 here. If that doesn’t work, go

What we’re reading today:

  • Grand Central Station and The Takings Clause – from the Constitutional Law Prof Blog, a link to a WNYC/NPR podcast about Grand Central Terminal and the Penn Central takings case. Worth listening, if only to hear the money quote near the end: “you see New Yorkers all the time staking claim