Thanks to Kona Blogger Aaron Stene for sending this next item my way, a follow up to the previous two days’ reports from West Hawaii Today (posted here and here) about Hawaii County’s so-called “fair share” exaction system. In “Council reaffirms belief in fair share legality,” WHT reports:
The county’s Corporation Counsel
Following up on yesterday’s post about the West Hawaii Today series on the legality of Hawaii County’s “fair share” impact fee system, the paper posts three stories about the issue:
Following up on the earlier post New SG Unlikely To Alter Fed Gov’t’s SCOTUS Arguments In Ceded Lands Case, which noted that the new Solicitor General has sought leave from the Supreme Court to participate in oral argument and for divided argument, here’s the motion filed by the SG’s office on January 29, 2009
Two more amicus briefs in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008):
Worthwhile article today from West Hawaii Today (the daily newspaper of the Kona side of the Big Island), “Is county practice legal?” The story details the County’s practice of demanding “fair share” payments from property owners and developers who wish to make use of their properties and seek County approvals:
The fair share
Florida’s appellate courts have been active lately in the regulatory takings arena. Here are links to summaries and analysis of the decisions.
First, from the Florida Land Use Law blog:
Several people have wondered whether the change in presidential administrations may alter the federal government’s position supporting the State of Hawaii in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008).
Unlikely, according to this post from the law blog at the Wall St. Journal:
The SG
In her state of the state address today, Hawaii Governor Linda Lingle had this to say about the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008):
Before concluding I want to take a moment to speakabout the case pending before the United States Supreme Court involvingthe issue
The Honolulu Advertiser reports “Lingle wants Ka Iwi coast free of development,” about the Governor’s efforts “paving the way for the final step in preserving the most accessiblewild coastline on O’ahu for generations to come.”
And just how is the Governor proposing to “preserve” this privately-owned and urban-zoned land from the “threat of
The Office of Hawaiian Affairs has filed its Brief for the Respondents in the “ceded lands” case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert.granted Oct. 1, 2008).
The U.S. Supreme Court is reviewing the Hawaii Supreme Court’s decision in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii