February 2016

Hawaii has recently become the second jurisdiction to create an Environmental Court, a topic which we’re written about earlier (“What You Need To Know About Hawaii’s New Environmental Court“). We’ve asked whether Hawaii also might need a Property Rights Court, too.

Well, it looks like the good people of Guahan (“Guam”

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The U.S. and Hawaii flags at half-staff this morning at the Hawaii Capitol

So Justice Scalia is gone. We all knew this day had to come, eventually. But we were not prepared for it so soon.

With his opinions in Nollan, Lucas, Rapanos, and Stop the Beach Renourishment, I think it

The Pennsylvania eminent domain code requires a condemnor to file the declaration of taking within a year of its being authorized:

The condemnor shall file within one year of the action authorizing the declaration of taking a declaration of taking covering all properties included in the authorization not otherwise acquired by the condemnor within this

Here’s what we’re reading today:

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Here’s the latest on a takings case that is winding its way through the U.S. District Court in Honolulu. Yes, you read that right: a takings case being litigated in federal court.

Intrigued? Read on. 

We’ve covered this case and the related state court litigation several times here before, so this isn’t entirely unfamiliar ground. This

Are you a lawyer and need something to do for the next 6-12 months? Want to make a recommendation to the Department of Land and Natural Resources about whether it should issue a Conservation District Use Permit to the Thirty Meter Telescope project on the top of the Big Island’s Mauna Kea? Want your decision

As you probably are aware, Kelo v. City of New London has generated a ton of legal response: articles, books, cases. It has also rippled out to the broader culture with a movie and a book. At the recent ALI-CLE Eminent Domain

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Here’s a decision from the Wisconsin Supreme Court, similar to a recent case from the Oregon Supreme Court involving highway improvements which cut off existing access. 

The issue in Hoffer Properties, LLC v. Wisconsin Dep’t of Transportation, No. 2012AP2520 (Feb. 4, 2016) was whether a property owner whose parcel enjoyed direct access to a

We’ve posted a lot lately reporting on the 2016 ALI-CLE Eminent Domain and Land Valuation Litigation Conference, recently held in Austin. We have a couple of more posts for you before we turn to other things. Here is the first, a run-down of the blogs of faculty members, and others we were in the