As we predicted in our oral argument preview, the Hawaii Intermediate Court of Appeals made short work of the issues in City & County of Honolulu v. Sherman, No. 28945 (Dec. 27, 2011). Just two weeks after oral argument, the court issued its opinion (unpublished; again, not a surprise).
The court concluded that
Now that we’ve decked the halls, its time to clear the decks: the end of 2011 is on the horizon, and in order to start 2012 off on a fresh note, here are opinions of interest lined up in our “to post” queue, but that we’ve not found the time to actually digest and post:
Get ready, it’s that time of year again: the annual eminent domain law conferences by the American Law Institute-American Bar Association, this year to be held in San Diego from January 26-28, 2012.
Here’s the description of Eminent Domain and Land Valuation Litigation, the premiere program on condemnation law and related topics:
The power of eminent domain is being reshaped across the nation by court rulings and legislation. Much of the recent court activity and legislation has involved the controversial use, or attempted use, of eminent domain power to take private property for economic development by private parties. Redevelopment, however, is not the only fluid area in takings law. This national course of study addresses those areas where new developments in the law and procedure have and will reshape the practice. Learn what’s new in the cutting-edge areas of eminent domain law and how the practice in this field continues to evolve.
This popular and long running advanced course of study kicks off with a comprehensive update on eminent domain case law and legislation by a preeminent practitioner.
Each morning, the course focuses on hot issues and topics that affect practitioners today.
On Thursday and Friday afternoon, a dual track system addresses important substantive and practice topics in a series of breakout sessions. Registrants can learn about the key issues in substantive takings law from nationally recognized and experienced professionals. On the practice side, registrants can choose from another array of sessions chock full of practice pointers.
The course brings all the right participants together — lawyers, appraisers, condemning agencies, right-of-way professionals, and many others — to share valuable experiences and engage in healthy debate on these cutting-edge issues.
Networking opportunities are scheduled throughout the program, with breakfasts, networking breaks, a reception on Thursday afternoon, and social activities in the evenings arranged by a special Hospitality Committee. Come and meet with colleagues from around the nation, exchange ideas, enjoy the fellowship, and collect more than 16 hours of CLE credits.
This course runs concurrently with ALI-ABA’s annual Course of Study, Condemnation 101: Making the Complex Simple in Eminent Domain. This unique format allows practitioners who are new in the field of eminent domain to network with many of the nation’s most experienced condemnation lawyers, and to benefit from many of those same lawyers serving as their faculty. Special Offer: Attend Eminent Domain and Land Valuation Litigation and bring an associate to Condemnation 101 for 50% off. ADD TO CART
We’re on the faculty (“The Role of Hawaii’s Unique Property Law in the U.S. Supreme Court’s Takings Cases“with Professor David Callies), so if you attend either course, please stop by and say hi.
Continue Reading ALI-ABA Annual Eminent Domain Conference, January 26-28, 2012, San Diego
China has been on our mind lately. Maybe it’s our recent attendance at the Brigham-Kanner property rights conference held in Beijing in October. Maybe it’s last week’s talk to our law firm by an old friend on lessons that can be learned from China’s move from communism to a market economy.
Whatever is causing China
A Warning
A bit of warning before we start: this is going to be a long post. Not because the issues in City & County of Honolulu v. Sherman, No. 28945, being argued on Wednesday, December 14, 2011 at 9:00 a.m. in the Intermediate Court of Appeals are particularly interesting, but because this case
A reminder: on January 3 and 4, 2012, at 1:00 and 7:30 p.m. each day, the Honolulu Academy of Arts Doris Duke Theater is presenting the Hawaii premiere of Battle For Brooklyn, the Academy Award-contending documentary about the Atlantic Yards eminent domain fight. We are lucky enough to have the exclusive Hawaii showing of
So you think you’ve seen accretion (the growth of new land on littoral or riparian property)? Check out the above video (also here), showing the latest dramatic lava flow on the Big Island of Hawaii. Now that’s accretion.
Is there a legal angle to this? Of course there is. To start you off
The old adage is that a waterway is “navigable” for purposes of federal law if it is deep enough to float a Supreme Court opinion. Seriously, though, the less cheeky test of navigability is whether a waterway is capable of being used in its natural state as an avenue of commerce, meaning whether it was
To those who were able to join us this evening for the celebration of the publication of Eminent Domain – A Handbook of Condemnation Law, thank you.
The University of Hawaii Law School sponsored the reception, and it was good to see so many colleagues and friends in attendance. U.H. put the event
In Joffe v. City of Huntington Park, No. B222880 (published Dec. 2, 2011), the California Court of Appeal affirmed the trial court’s dismissal (technically, the trial court “demurred” — remember, this is California) of the plantiffs’ claim for inequitable precondemnation activities under Klopping v. City of Whittier, 8 Cal.3d 39 (1972).
Plaintiff manufactures