To those who attended today’s seminar “Integrating Water Law and Land Use Planning,” thank you. The materials from my session on “Water Rights, Property Rightsand the Law of Settled Expectations” are below.
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Okay, we’ve decided to surrender to temptation and let fly with bad (and obvious) egg puns. But at least they’re out of our system in the beginning. After that, no more yolks. We promise.
In Rose Acre Farms, Inc. v. United States,No. 2007-5169 (Mar. 12, 2009), the U.S. Court of Appeals for theFederal Circuit…
Check out the interview with Nalo Farms owner (and Hawaii Farm Bureau Federation president) Dean Okimoto in this month’s Hawaii Business.
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The state Constitution even, in article XI, section 3, expressly protects farming and ranching by commanding the State to “conserve and protectagricultural lands, promote diversified agriculture, increaseagricultural self-sufficiency and assure…
In a brief memorandum opinion, the New York Court of Appeals (the state’s highest court) today affirmed the Appellate Division’s decision in Aspen Creek Estates, Ltd. v. Town of Brookhaven, a case challenging a municipality’s ability to take property for farmland preservation. The court held:
Petitioner contends that the United States Supreme Court’s…
We aren’t officially an “environmental law” blog, and when we do cover the issue, it is mostly on the periphery. However, in 2008, we hit a couple of significant issues that had some relevance to land use law.
First, in the U.S. Supreme Court’s first decision of the Term, Winter v. Natural Resources Defense Council, …
In theory, Hawaii reveres agriculture: pre-western contact Hawaii was primarily an agrarian society, many of us trace our family’s history to the post-contact “plantation days,” and today, even environmental groups proclaim they support farmers and ranchers and want to “keep the country country.” Who among us of a certain age didn’t work in…
An opinion today from the California Fifth District Court of Appeals: Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist., No. F03956 (Nov. 11, 2008). The case involves whether a local air pollution control agency must “actively” assess the impacts of agriculture “volatile organic compounds” (aka cow waste) before adopting…
In a lengthy opinion, the Hawaii Intermediate Court of Appeals in Pono v. Molokai Ranch, Ltd., No. 28359 (Oct. 21, 2008), held that the State Land Use Law, Haw. Rev. Stat. ch. 205, does not create a private right of action allowing for non-governmental enforcement of the law. The court also held there…
Here are the materials from today’s discussion:
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Farmers and ranchers should be aware of a new law passed by theLegislature last session that adds another layer of protection forHawaii agriculture.
A new section was added to the Land Use Law (chapter 205) requiringthat before the State Land Use Commission approves a petition for a“boundary amendment” (a change in the state’s land use…
