Yesterday, we filed this motion for leave to file brief amicus curiae and a copy of the proposed brief in support of the application for writ of certiorari which asks the Hawaii Supreme Court to review the decision of the Intermediate Court of Appeals in Maunalua Bay Beach Ohana 28 v. State of Hawaii
Cert Application In Hawaii Beach Taking Case: Legislative Reassignment To The State Of The Right To Future Accretion Is A Taking
The property owners have filed an application for a writ of certiorari asking the Hawaii Supreme Court 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).
Disclosure: we filed an amicus brief supporting
Upcoming: Land Use Hot Topics Program (In Person And Online)
On Friday, April 30, 2010, as part of the Spring Meeting of the ABA’s Section of State and Local Government Law, I’ll be presenting a paper Recent Developments in Challenging the Right to Take in Eminent Domain (SSRN posting here) during the “Land Use Hot Topics” program.
If you are in South Florida, the
Indiana Supreme Court: Inverse Condemnation Remedy Exclusive When Government Seizes Land Without Condemnation
A new opinion from the Indiana Supreme Court that reminds us somewhat of the “bizarre condemnation” case now awaiting decision in the New Jersey Supreme Court. In Murray v. City of Lawrenceburg, No. 15S04-0907-CV-310 (Apr. 20, 2010), the court held the claims of a property owner who asserted that the government wrongly
Kuilima’s Motion For Reconsideration Of HAWSCT’s Supplemental EIS Opinion
Kuilima Resort Company has asked the Hawaii Supreme Court to reconsider or clarify its opinion in the Turtle Bay/Kuilima EIS case (Unite Here! Local 5 v. City and County of Honolulu, No. 28602 (Apr. 8, 2010)), in which the court held that a supplemental environmental impact statement is required when a project’s context
Justice Stevens: No Friend Of Property Owners
You already know that Associate Justice of the U.S. Supreme Court John Paul Stevens has announced his retirement from the Court. On that august occasion, we look back on his “takings” opinions.
One commentator, lawprof
Land Court, Schmand Court: State Disregards Torrens Title, Claiming Unstated, Preexisting Rights
A fascinating case is now pending in Hawaii’s Intermediate Court of Appeals involving the nature of “Torrens” title and, in a broader sense, the nature of property rights themselves.
Hawaii has had a dual system of land registration. One is your run-of-the-mill system of registering deeds (what we creatively call “Regular System”). The other is
Sunday Eminent Domain Round-Up
What we’re reading today:
- Curbing abuse of eminent domain – A Denver Post editorial on a new Colorado statute designed to limit the power of the government to declare farmland “blighted” (“The new law says land that has been classified by the county assessor as agricultural land cannot be condemned for urban renewal. However, it
Book Review: Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights
I’ve finally had a chance to peruse the recently-published book Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights (ABA Section of State and Local Government Law 2010; $95 regular price; $75 for SLG members).
Takings International is about how 13 jurisdictions worldwide treat what we in the U.S. call “regulatory takings.”
Summary Of HAWSCT Opinion In The Turtle Bay/Kuilima Supplemental EIS Case: A Change In “Context,” But Not The Project, Enough To Trigger Duty To Supplement
Don’t feel like reading all 74 pages of the majority and concurring opinions in the Turtle Bay/Kuilima EIS case (Unite Here! Local 5 v. City and County of Honolulu, No. 28602 (Apr. 8, 2010))? You’re in luck — here’s a summary.
[Disclosure: although I did not participate in this case, two of my