It appears that the New York Court of Appeals live streams oral arguments, so tomorrow, for the second day in a row, we’ll go live with real-time blogging of an important and fascinating case (today we’re blogging oral arguments in the Hawaii Supreme Court on a land use case).
Starting at 2 pm EDT
That now-cliched line from Field of Dreams, “if you build it they will come” (actually, it’s “he will come,” but work with us here) seemed to be the driving force behind the New London Development Corporation’s plans for the Fort Trumbull neighborhood when it wanted to condemn the homes of Susette Kelo and
In County of Hawaii v. C&J Coupe Family Ltd. P’ship, 119 Haw. 352, 198 P.3d 615 (Dec. 24, 2008) (posted here), the court held that a taking is not immune from judicial scrutiny for pretext or private benefit simply because the property is being taken for a “classic” use such as a road.
Under Haw. Rev. Stat. § 101-27,when a condemnation action is “abandoned or discontinued beforereaching a final judgment, or if, for any cause, the property concernedis not finally taken for public use,” the condemnor is liable for:
all such damage as may have been sustained by the defendant by reasonof the bringing of the proceedings
In Eagan Economic Development Authority v. U-Haul Company of Minnesota, No. A08-0767 (May 19, 2009), the Minnesota Court of Appeals held that when a delegation of eminent domain power from a municipality requires a redevelopment agency to enter into a development agreement before acquiring property, the agency is without power to take property until
Under Haw. Rev. Stat. § 101-27, when a condemnation action is “abandoned or discontinued before reaching a final judgment, or if, for any cause, the property concerned is not finally taken for public use,” the condemnor is liable for:
all such damage as may have been sustained by the defendant by reasonof the bringing
A state law providing that airport boards may exercise the powers of the municipalities which appoint them, but which also requires a condemnation action by an airport board “be instituted in the names of the municipalities jointly,” prohibits an airport board from instituting an eminent domain suit in its own name. In Spokane Airports v.
The Big Island’s West Hawaii Today reports “Both sides claim win in latest ruling” about the Hawaii Supreme Court’s recent opinion in the cases involving the County of Hawaii’s attempt to take the property of a Kona family to meet the County’s obligations under a development agreement with the developer of the Hokulia
I was fortunate enough yesterday to attend an event with Jeff Benedict, who spoke about his recently-published book Little Pink House – A True Story of Defiance and Courage (Grand Central Publishing 2009) (available from Amazon here).
Little Pink House gives the backstory to the infamous Supreme Court eminent domain decision Kelo v.
Thank you to those who were able to join us live for today’s teleconference. Here are the links to the additional cases and other items I mentioned (or wanted to mention) in my session on Public Use and Pretext Update: