Why is it, you ask, that the ALI-CLE Eminent Domain & Land Valuation Litigation Conference (scheduled next February 1-3, 2024, in New Orleans) is an event that seems to be growing in popularity and attendance. In recent years, we have standing room only in the Conference halls, and have sold out the hotel block.
Land use law
“YIMBY Martial Law” – More On Hawaii Gov’s Gordian Knot Cutting
Here’s an excellent report on a situation we’ve been following, the Hawaii governor’s proclamation of a housing emergency. In “To Tackle Highest Housing Costs in the Country, Hawaii’s Governor Declares YIMBY Martial Law,” Christian Britschgi at Reason writes:
Developers with a [Beyond Barriers] working group [what we cheekily referred to as…
New Cert Petition: Overrule Penn Central!
Here’s the latest in a case we’ve been following.
In this cert petition, the property owner is asking the U.S. Supreme Court to review an unpublished decision of the Ninth Circuit which rejected both Lucas and Penn Central takings claims.
Here are the Questions Presented:
1. Should this Court overrule in its entirety…
“Zoning is the most important local law you’ve never heard of” – Hawaii Zoning Atlas Published

Where you can build 1-4 family residences by right
The Hawaii Zoning Atlas project has announced publication of the Hawaii Zoning Atlas, an “interactive map [that] explores how restrictive zoning laws can make it difficult to build diverse, affordable housing.”
The official announcement notes:
The map is based on an original dataset compiled by…
Owners’ Counsel Toby Prince Brigham Scholarship – Applications Being Accepted
Two years ago, Owners’ Counsel of America endowed a scholarship in the name of its founder, property rights advocate and trial lawyer Toby Prince Brigham (1934-2021). The scholarship is for a second- or third- year law student to attend the annual three-day ALI-CLE Eminent Domain and Land Valuation Litigation Conference (the upcoming Conference will be…
Recognizing A Property Rights Icon: “Mentors, A Path to Fairness, and the Joy of Taking”
We recently attended the American Bar Association’s Annual Meeting in Denver to speak at the Section of State and Local Government Law’s program, “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses …
Live The Dream! Teach Dirt Law In Hawaii: UH Law School Looking For Property & Land Use Lawprof

(Tip for applicants: understanding the symbology of the
Law School’s logo will show you know the score.)
Here’s your chance to teach Property and Land Use in what might be most interesting venue on Planet Earth for those subjects: the University of Hawaii School of Law has put out a call for applications for…
What If The Hawaii Governor’s Cutting Of The Gordian Land Use/Environmental Knot Actually Works?
The two-plus years under the declared Co-19 emergency surely have given Hawaii’s executive-branch officials a clear vision of how much easier they could get their agendas accomplished without all that pesky democracy.
Hawaii’s Sweeping Emergency Management Act: Governor is the “Sole Judge”
Hawaii’s Emergency Management Act gives state and county executives broad and nearly unreviewable…
Tex App: Nollan/Dolan Challenge To Annexation Fees Not Ripe: You Have To Apply For Annexation To Find Out What The Fee Will Be
The city told an owner whose three parcels were outside of the city’s jurisdiction that if it wanted the city’s permission to replat into 74 parcels, it would need city water and sewer service to each of the proposed lots.
So the owner asked to connect to the city’s water and sewer system (deliberately overbuilt…
Aug 4, 2023: “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power” (ABA Annual Meeting, Denver)
Join us on Friday, August 4, 2023 (10:30-11:30am, MT) in Denver at the ABA Annual Meeting for our CLE session on “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses…




