In Stop the Beachfront Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009), the US Supreme Court agreed to review a case that raises several important takings issues, including the issue of whether a court decision can take property. The ABA Journal’s July 2006 report “Up Against
Video Of Kelo’s New London Neighborhood With Author Jeff Benedict
A short video with Jeff Benedict, author of Little Pink House – A True Story of Defiance and Courage (Grand Central Publishing 2009), which tells the backstory to the infamous Supreme Court eminent domain decision Kelo v. City of New London, 545 U.S. 469 (2005) (available from Amazon here).
More on the book
More On McMansions
Our thanks to Dwight Merriam for responding to yesterday’s post on “Maui Mansionism” and noting the more common terms “McMansion,” “starter palace,” and (my favorite) “garage Mahal.” He’s also kindly forwarded two powerpoint presentations on regulation of big and tall homes: Monster Mash: Putting a Stop to Too-Big Houses (3mb pdf) and Teardown
Mansionism Discouraged On Maui …”Mansionism?”
I learned a new -ism word today thanks to an article in the Maui News forwarded by my Damon Key colleague Mark Murakami. Currently, Maui’s “Hotel” zoning allows the property owner to build an apartment or a single-family residence as well as a hotel, but in Mansionism discouraged on land with hotel zoning
HAWICA: Plaintiff’s Burden To Show Changed Project Warranting Supplemental EIS
In United Here! Local 5 v. City and County of Honolulu, No. 28602 (May 22, 2009), the Hawaii Intermediate Court of Appeals held that a developer need not undertake a Supplemental Environmental Impact Statement under the Hawaii Environmental Policy Act, Haw. Rev. Stat. ch. 343, unless the plaintiff shows a substantive change in
Book Review: Ben: A Memoir, from Street Kid to Governor
The
Ben: A Memoir, From Street Kid to Governor (available from Amazon here) isn’t all that much different from other politicians’ autobiographies, which are
Materials And Links From Today’s Water Law Seminar
To those who attended today’s seminar “Integrating Water Law and Land Use Planning,” thank you. The materials from my session on “Water Rights, Property Rightsand the Law of Settled Expectations” are below.
- Kaiser Aetna v. United States, 444 U.S. 164 (1979) – the Hawaii Kai Marina case – physical invasions, regulatory takings, and interference
Friday Round-Up
Items of note for your Friday consideration:
The Nerve Of Those Californians, Vindicating Federal Constitutional Rights In Texas Federal Courts!
As we noted in this post, the recent U.S. Court of Appeals for the Fifth Circuit decision in Severance v. Patterson, No. 07-20409 (Apr. 23, 2009) is garnering a lot of commentary for the dissenting judge’s opening ad hominem and the majority’s terse response. Earlier, we summarized the substantive issues in the case,
Monday Round-Up
Several diverse items, for your consideration:
- Columnist George Will opines about the Empress Casino Joliet case — the one where the Illinois Supreme Court held that aregulation imposing a 3%”surcharge” on Illinois casinos with gross receipts over $200 millionper year, and then gives the money to horse racing tracks is not ataking of property. The