It’s easy to forget that place names are not “real” in the sense that they exist other than in our collective minds, but are impermanent markers bestowed on places by man. There’s nothing that commands New York is “New York,” the Mississippi River to be so named, or the island of Molokai to be called
A Partial Rebuttal To Professor Callies: 1993-2010 HAWSCT Environmental Record Most Concerned With Public Participation
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
HAWICA: Communicating To The Mayor Is Not “Testimony” In A “Proceeding,” So Anti-SLAPP Law Inapplicable
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
ABA Takings Roundtable – The U.S. Supreme Court Property Rights Cases – Feb. 26, 2013
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
They’re Getting Positively Medieval On Holdout “Nail Houses”
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
Epstein’s Podcast On Koontz: “The Vexed Doctrine Of Unconstitutional Conditions”
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
Aloha, Martin Luna
I did want to make a mention of a sad milestone I wish we didn’t have to come to, the passing of Maui’s irreplaceable land use lawyer B. Martin Luna. Here’s the report from the Maui News.
Having dealt with Martin over the years, he was a true gentleman, and everything that you conjure
Wednesday Round-Up: Grand Central, Oysters No More, And Originalist Takings
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
Upcoming Hawaii Appellate Arguments Of Interest
The oral argument calendar of the Hawaii Supreme Court looks pretty interesting:
- Thursday, February 7, 2013, 11:00 a.m. – Sierra Club v. Land Use Comm’n, No SCWC-11-0000625, a case about the qualifications of holdover Land Use Commissioners, which we previewed here.
- Thursday, February 21, 2013, 10:00 a.m. – Kanahele v. Maui County Council
5th Cir: Right To Collect Assessment Is “Property,” But It Isn’t “Compensable” Property
In United States v. 0.073 Acres of Land, No. 11-31167 (Jan. 28, 2013), the U.S. Court of Appeals for the Fifth Circuit held that a townhome association’s right to collect maintenance assessments from its members was property under Louisiana law, but was not compensable property in an eminent domain action.
The case involved a