Materials From Today’s Eminent Domain In Hawaii Conference

Here are links to the cases and other materials (and more) we spoke about at today’s conference on Eminent Domain and Condemnation in Hawaii:

• Ilagan v. Ungacta (Guam v. 162.40 Square Meters of Land)

• Ilya Somin, The Judicial Reaction to Kelo, 4 Alb. Gov’t L. Rev. 1 (2011)

• Ilya Somin, The Limits of Backlash: Assessing the Political Response to Kelo, 93 Minn. L. Rev. 2100 (2009)

• “Solely” for economic development? Missouri ex rel. Jackson v. Dolan

• NJ: Dunes That Protect Everyone Get Paid For By A Few – more analysis of the case here from Anthony Della Pelle, New Jersey Condemnation Law blog

• PA Appellate: Declaration Controls In Eminent Domain, Not Professed Intent

• Another one from PA: Offer to Buy Is Admissible In Compensation Trial

• Case to watch: SCOTUS Considering Whether Condo Assessments Are “Property” Entitled to Compensation in Eminent Domain

• Wisconsin: You Broke It, You Bought It (When A Partial Take Results In Liability For a Total Take)

• Texas trilogy: Whittingthon, Heart’s Bluff, Enbridge

• Pipeline takings: Colorado

• Pipeline takings: Montana

• Pipeline takings: Texas

• Is eminent domain abuse outrageous government conduct? Not according to the Second Circuit (49 Wb v. LLC v. Village of Haverstraw)

• Takings and the Equal Footing Doctrine (United States v. 32.42 Acres of Land)

• What is “aboriginal land” immune from eminent domain? (Miccosukee Tribe of Indians of Florida v. Dep’t of Environmental Protection)

• Takings in Indian County

• Takings in Indian Country, part II (Grand Canyon Skywalk Dev. LLC v. Sa Nyu Wa, Inc.)

Also, here are links to a few of our stories on the Honolulu rail project and the many legal challenges:

• Some thoughts about the Ninth Circuit arguments (with video)

• A summary of the U.S. District Court’s decision

• A summary of the Hawaii Supreme Court decision on burials 

• Honolulu Rail and federal relocation benefits