Today, by a 3-2 vote, the Hawaii Supreme Court declined to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii, 122 Haw. 34, 222 P.3d 441 (Haw. Ct. App. 2009), which held that “Act 73” (codifed here and here) was a taking. [Disclosure:
Due process
New Opinions: Inverse Condemnation Statute Of Limitations, Impact Fee Nexus
By Robert H. Thomas on
Here are two opinions just received that look awfully interesting, but that we haven’t had a chance to read in detail:
- Homebuilders Ass’n Tulare/Kings Counties, Inc. v. City of Lemoore, No. F057671 (Cal. Ct. App. June 9, 2010) – invalidating a fire protection impact fee under California’s Mitigation Fee Act because “it is not
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Video Of Columbia Blight Case Oral Arguments (NY Court Of Appeals)
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Missed our live blog of the the New York Court of appeals oral arguments in Kaur v. New York State Urban Development Corp. the case in which the Appellate Division struck down an attempt to take property north of Columbia University in New York City because of the record reflected overwhelming…
You Take It, You Bought It
Comes news that the State Land Use Commission has reclassified a large portion of state-owned land in east Oahu from “urban” to “conservation.” See Ka Iwi shoreline area reclassified as conservation land (via Hawaii News Now) and Ka Iwi coast gets added protection (via the Honolulu Advertis…Honolulu Star-Advertiser). The reports state the…
Columbia Oral Argument Recap – Blight, Civic Purpose, And Bad Faith
We’ve been busy filing an appellate brief and drafting another, so until now, haven’t had the chance to post up links about Tuesday’s New York Court of Appeals oral argument in Kaur v. New York State Urban Development Corp.
We live blogged the arguments, following along on the court’s video webcast. The court usually…
2pm ET Today: Live Blog Of Columbia Eminent Domain Arguments (NY Court Of Appeals)
Today, starting at 2:00 p.m. ET, the New York Court of Appeals will hear oral arguments in Kaur v. New York State Urban Development Corp. In that case, the New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York City because of…
Reminder: June 1 NY Court Of Appeals Oral Agument In Columbia “Blight” Case
A reminder: on Tuesday, June 1, 2010 at 2:00 p.m. ET, we will be live blogging the oral arguments in Kaur v. New York State Urban Development Corp.
In that case, the New York Supreme Court, Appellate Division (First Department) struck down the attempted taking of land north of Columbia University in New York…
Final Briefs In In Hawaii Beach Taking Case: Is “Future” Accretion A Present Property Interest?
Here are the latest filings in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175 (cert. application filed Apr. 22, 2010). In that case, the property owners are asking the Hawaii Supreme Court to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of …
Yale Law Journal: Eminent Domain Due Process
By Robert H. Thomas on
A new article worth reading: Eminent Domain Due Process, 119 Yale L. J. 1280 (2010) by D. Zachary Hudson. Here’s the abstract:
This Note analyzes the apparent disconnect between eminent domain doctrine and due process doctrine. Following Kelo, numerous states have reformed their eminent domain laws in an effort to ensure that the…
More About The “Undivided Fee Rule” Cert Petition
By Robert H. Thomas on
A couple of links following up on our recent post about City of Milwaukee Post No. 2874 Veterans of Foreign Wars of the United States v. Redevelopment Agency of the City of Milwaukee, No. 09-1204 (cert. petition filed Apr. 2, 2010).
That’s the case in which the Supreme Court is being asked to review…