No, not another case from the Hawaii courts, but from an island further afield, Saipan in the Northern Mariana Islands.
We were going to do a write-up of Commonwealth v. Lot No. 353 New G, No. 2012-MP-06 (CNMI June 28, 2012), but Gideon Kanner beat us to it. Read the opinion, and his
Just published: the ABA Section of Litigation (Condemnation, Zoning, and Land Use Committee) has released The Law of Eminent Domain — A Fifty State Survey (First Chair Press 2012). This book is a “single resource for eminent domain practitioners … a reference for questions about eminent domain and condemnation procedure in every state and the
In Eminent Domain and the Obamacare Decision, Gideon Kanner also looks for the eminent domain angle in the recent opinions on the legality, vel non, of the ACA. In particular, he challenges the casual assetion in Justice Ginsburg’s opinion that eminent domain an “unwanted sale,” that there is such a thing as an
We haven’t followed the Obamacare cases except as interested observers, and have largely avoided digging deep into the opinions, preferring to allow minds immeasurably superior to ours to provide the high-altitude view. However, we naturally scanned the majority opinion for any tie-in to our favorite topic, eminent domain.
Starting on page 33, the Chief
Thanks to the Land Use Prof Blog for getting the word out about the most recent documentary from filmmaker Gary Hustwit, “Urbanized,” which will have its Hawaii premier this weekend as part of Interisland Terminal‘s “Manufacturing Reality” film series.
The film examines how cities are designed — whether on purpose or though
A must read: our Owners’ Counsel of America colleague Michael Rikon, the doyen of New York’s eminent domain bar, has published “I Represented The Devil Of Brooklyn,” in the Practical Real Estate Lawyer. As Mike writes, “it wasn’t a demonic fight in front of the hot dog line at Nathan’s in
Check out United States v. 32.42 Acres of Land, No. 10-56568 (9th Cir. June 14, 2012), the case in which the Ninth Circuit held that a federal taking of state land (for a Navy base in San Diego) extinguishes the state’s tidelands public trust, even if the property is later conveyed to a private
In Johnson v. Des Moines Metropolitan Wastewater Reclamation Authority, No. 11-0444 (May 18, 2012), the Iowa Supreme Court held that two separate condemnation cases should not have been consolidated even though each case involved the taking of part of the same parent tract of land from the same landowner. The court concluded that these
Check this out: my Owners’ Counsel of America colleague Kevin E. Anderson has a blog on eminent domain and related issues, forcusing on decisions from the Utah state and federal courts, Eminent Domain Review.
It’s not a new blog (Kevin has been posting since at least 2011), but it’s new to us, so
In Larson v. Sinclair Transp. Co., No 09SC966 (May 21, 2012), the Colorado Supreme Court held that a state statute does not grant a company such as Sinclair the ability to take property for the construction of petroleum pipelines.
The statute, Colorado Rev. Stat § 38-5-105, is not exactly elegant in its