You may have missed the live program, but it’s still not too late to get the podcast of a recent discussion of Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010), the Supreme Court case about judicial takings and beachfront property. Here’s the course description from ALI-ABA:
Land use law
Seventh Circuit: Threat Of Eminent Domain No “Sword Of Damocles,” So Declaratory Judgment Suit Premature
We all live under the threat the government may exercise eminent domain and take our property, and must live with that cloud, unless the threat becomes more concrete. Only then can we run to court to complain about it. While the U.S. Court of Appeals for the Seventh Circuit didn’t expressly hold so, that idea…
Why Isn’t This A “Judicial Taking?” Washington Supreme Court Orders Property Owner To Sell To Neighbor
Courts have equitable powers to fashion remedies that the law may not account for, but does a state’s judicial power stretch so far as to allow it to order a property owner to sell an acre of property (at fair market value) to a neighbor who had built an encroaching structure over the property line…
HAWSCT: Native Hawaiian Burials (Iwi) Case Moot, But Exception Applies
By Robert H. Thomas on
The Hawaii Supreme Court in an opinion authored by Chief Justice Moon and joined by Justices Nakayama and Duffy (Justices Acoba and Recktenwald concurred separately), held that an administrative appeal regarding the disinterment of Native Hawaiian burial remains discovered at the Ward Village shops site in Honolulu was moot, but that the “public interest” exception…
Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches
My Damon Key colleagues Mark Murakami and Tred Eyerly and I have posted our forthcoming essay Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches on SSRN here, containing our thoughts on Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010), the…
Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches
My Damon Key colleagues Mark Murakami and Tred Eyerly and I have posted our forthcoming essay Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches on SSRN here, containing our thoughts on Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010), the…
State Zoning Statutes As “Environmental” Laws – More On HAWSCT’s Ala Loop Decision
By Robert H. Thomas on
In County of Hawaii v. Ala Loop Homeowners, No. 27707 (July 9, 2010), the Hawaii Supreme Court held that certain state zoning laws are “environmental” laws that may be enforced by private plaintiffs. The court held “[w]e further conclude that article XI, section 9 of the Hawai’i Constitution creates a private right of action…
State Zoning Statutes As “Environmental” Laws – More On HAWSCT’s Ala Loop Decision
By Robert H. Thomas on
In County of Hawaii v. Ala Loop Homeowners, No. 27707 (July 9, 2010), the Hawaii Supreme Court held that certain state zoning laws are “environmental” laws that may be enforced by private plaintiffs. The court held “[w]e further conclude that article XI, section 9 of the Hawai’i Constitution creates a private right of action…
Land Use Institute – ALI-ABA Program – Aug. 25, 2010, Santa Fe
Mark you calendars: from August 25-28, 2010 in Santa Fe, New Mexico, ALI-ABA is putting on the annual program, Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation.
We won’t be able to attend this year, but we have in the past, and the program and the faculty is first-rate. Go here for…
Land Use Institute – ALI-ABA Program – Aug. 25, 2010, Santa Fe
Mark you calendars: from August 25-28, 2010 in Santa Fe, New Mexico, ALI-ABA is putting on the annual program, Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation.
We won’t be able to attend this year, but we have in the past, and the program and the faculty is first-rate. Go here for…