We often jokingly suggest that in eminent domain, “it’s good to be the King!” quoting that eminent eminent domain scholar Mel Brooks. We think this catchphrase aptly describes the “most awesome grant of power,” City of Oakland v. Oakland Raiders, 220 Cal. Rptr. 153, 155 (Cal. App. 1985), under which the condemnor
HAWSCT: State Agency Must Consider “Historical Evidence” Of “The Upper Reaches Of The Wash Of The Waves” When Certifying Shorelines
Today, the Hawaii Supreme Court issued an option in Diamond v. Dobbin, No. SCWC-30573 (Jan. 27, 2014), a case about shoreline certifications that we’ve been following.
It’s a beach case, obviously, but not about ownership. Shoreline certifications approved by the State Department of Land and Natural Resources are used as the baseline from which
Safety Last?
This: apropos of pretty much nothing that are the usual subjects of this blog. But felt compelled to share anyway.
Guy without a harness, three stories up, shaping and nailing flashing to a roof in New Orleans. Standing on a palette. On the end of the arm of a crane. Being operated by a guy
New Eminent Domain (And Related) Law Blog
One of the perks of attending the annual ALI-CLE Eminent Domain and Land Valuation conference (this year in New Orleans) is that in addition to 2 1/2 days of high-level CLE programming involving our favorite topic, you get to meet colleagues from across the nation (and internationally – expropriation lawyers from Canada were also with
Coy Koontz, Prevailing Property Owner In SCOTUS Victory, Interviewed
Coy Koontz, Jr., the prevailing property owner in Koontz v. St. Johns Water Management District, No. 11-1147 (June 25, 2013) joined our Pacific Legal Foundation colleague Jim Burling for an interview on Fox and Friends.
Kudos to Jim and Mr. Koontz for getting down to the studio
Thank You, Leslie Fields
Between sessions at the annual ALI-CLE Eminent Domain and Land Valuation conference in New Orleans, planning Chair Joe Waldo took to the mic to say a few words about his co-Chair, Leslie Fields. Yesterday, Leslie announced that after 10 years, she’s retiring as Chair of the conference and that she is also retiring from the
Cert Briefs In Admin Due Process Case
Here are the cert briefs in Kellberg v. Yuen, No. SCWC-12-0000266 (Haw. Jan. 22, 2014), the case in which the Hawaii Supreme Court held that there is only one “final decision” that a challenger must administratively appeal when objecting, and that due process requires the agency to give a challenger notice of the administrative
A Dispatch From The ALI-CLE Eminent Domain Conference (With Links)
This morning, I joined my Owners’ Counsel colleagues Leslie Fields and Joe Waldo (the programming co-chairs), and more than 100 fellow eminent domain experts in New Orleans under the auspices of ALI-CLE at our annual gathering for the start of 2 1/2 days of legal education.
Joe and Leslie asked me to join Professor James
HAWSCT: Triggers To Administrative Appeals Must Be Clear And Noticed
The Hawaii Supreme Court has issued an opinion that is very good for property owners and anyone who must use the administrative appeals process. [Disclosure: we represent the prevailing Petitioner in this case.]
In Kellberg v. Yuen, No. SCWC-12-0000266 (Jan. 22, 2014), the unanimous court, in a detailed opinion by Justice Pollack, held that
Supreme Court Upholds Hawaii Redistricting Plan
Our Latin cousins warned us long ago homo sapiens non urinat in ventum (“a wise man does not pee into the wind”) but such wisdom doesn’t prevent us from trying at times to buck the conventional thinking. Because sometimes, you don’t know which way the wind is blowing until you go outside and actually feel