text Download CAAP-11-0000071mop
Dagres v. County of Hawaii Planning Dep’t, No. CAAP-11-0000071 (Haw. App. June 30, 2014) (Memo. op.)
New York: Municipal Ban On Fracking Is Zoning, Is Not Preempted By State Law
We don’t need to tell all you non-New Yorkers that the New York Court of Appeals is the state’s highest appeals court, do we? We watched enough Law and Order to know that what most everywhere else calls a “supreme court” is the “Court of Appeals” in the Empire State.
With that out of the
Farpotshket Alert: Plan To Take Mortgages By Eminent Domain Is Back
Like a visiting relative who won’t go home, the idea to seize underwater-but-performing mortgages is still hanging on. The llatest chapter is brought to us by way of our New York colleague Mike Rikon, who writes:
At a press conference on the steps of City Hall, City Council members and housing advocacy groups called
Cal Supreme Court To Review Eminent Domain Entry Statutes – A Free Pass, Or A Taking?
Update: Here’s a story on the case from the Sacramento Bee (“State Supreme Court to rule in Delta property-rights case“). See also “Property Reserve on Hold: Supreme Court to Review Eminent Domain Right of Entry Statutes” from Brad Kuhn at the California Eminent Domain Law Report.
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Thanks to our
Prohibiting Sitting Or Laying Down On Oahu’s Sidewalks 24/7 Makes Law More Susceptible To Challenge
Here’s a follow up to last week’s story on the “sit-lie” and “don’t use the bathroom in public” ordinances now being considered by the Honolulu City Council (see “As Judge Kozinski Said, It’s A Sidewalk, Not A Sideseat Or A Sidebed“).
Today’s Star-Advertiser reports in “Sit-lie ban sought for all
New Takings Blog – “Takings Litigation”
Check this out: Vermont lawprof John Echeverria has launched a blog about “Takings Litigation.” Which, given the predilections of the author (organizer of the anti-takings conference, and recently presented with the Koontz Catatonia Award), probably should be called “Takings Defense” or the “No Takings Blog,” but who are we to say?
Utah: “Serious” Question Whether Excess Taking Is For Public Use
The Utah DOT took all 15 acres of Carlson’s property even though it needed only 1.2 acres for the project. Why? Because it wanted to “avoid[] litigation regarding Carlson’s severance damages.” Well, that’s mighty good of them to want to keep it simple.
Carlson, however, objected on two grounds. First, he asserted that a Utah
Bridge Aina Lea 9th Cir Oral Argument Report: Hawaii Land Use Commission’s Immunity For Reclassification
Earlier, we posted the recording of the Ninth Circuit’s recent oral arguments in Bridge Aina Lea, LLC v. Chock, Nos. 12-15971, 12-16076, a case in which the court is considering whether State of Hawaii Land Use Commissioners have immunity from civil rights lawsuits, among other issues. The essence of the plaintiff’s allegations is that
Kelo On The Silver Screen: “Culture can help tame eminent domain abuse”
Little Pink House, Jeff Benedict’s book about the Kelo v. City of New London case, looks like it is going to become a feature film.
Earlier, we heard it was going to be a TV (Lifetime) movie with Brooke Shields in the protagonist role, but it appears that they’re going for
Mark Your Calendars: 2015 ALI-CLE Eminent Domain and Land Valuation, and Condemnation 101 – February 5-7, 2015, San Francisco
ALI-CLE, the good folks who put on the annual programs on Eminent Domain and Land Valuation, and Condemnation 101: How to Prepare and Present an Eminent Domain Case, have announced the dates and venue for the 2015 conferences:
Thursday – Saturday, February 5-7, 2015
Hotel Nikko, in San Francisco.
Those