The Federalist Society has posted a new edition of Engage – The Journal of Federalist Society Practice Groups, a newsletter-format publication with short scholarly articles on topics such as Administrative Law, Environmental Law and Property Rights, and Civil Rights, among others.
The most interesting article in this edition is Property Rights in the Ninth
In a post at PrawfsBlawg, “Takings, a Second Time,” University of Chicago Law Professor Richard Epstein discusses his new book Supreme Neglect: How to Revive the Constitutional Protection for Private Property, a follow-up to Takings: Private Property and the Power of Eminent Domain (1985):
There is a sneaky character of great constitutional
On April 3, 2008, I will be on the faculty of “Practical Guide to Zoning and Land Use Law” in Honolulu. I’ll be presenting two subjects, “Current Caselaw and Legislative Update,” and “Appealing an Administrative Zoning Decision. Also on the faculty are Jesse Souki and A. Bernard Bays. The complete agenda and registration information are
With a name like Carefree, Arizona, who wouldn’t want to spend the golden years there? That appears to have been what was on the mind of one F.G. Budnick, a developer, when he decided he wanted to build the “Residences at Carefree,” which he described as a “luxurious, age restricted, senior retirement residential community,”
In a story titled “Hawaii: Tourists Make Lousy Neighbors,” the Associated Press summarizes the “transient vacation rental” issue that’s been making waves on Oahu, Maui, and Kauai. Only one county, the Big Island of Hawaii, does not actively regulate vacation rentals. Not a very encouraging headline for an economy dependent
Jesse Souki’s post on his Hawaii Land Use Law blog, “NIMBY Group Stymies 700 Home Affordable Housing Project on Maui,” about a state-court challenge to a housing project, brings up a topic that is fun to revisit every now and then: the cheeky acronyms that get tossed about in the land use business.
As reported here, a lawsuit was filed in Arizona state courts seeking to invalidate Sedona, Arizona’s prohibition on short-term rentals (less than 30 days):
Approximately 450 short-term rental properties in Sedona have beenimpacted by the new Ordinance making it illegal to advertise short-termrentals, and the Code prohibiting short-term rentals.
This ordinance was enacted by
In “New Kauai shoreline erosion bill among the nation’s most conservative,” Jan TenBruggencate summarizes the recently enacted Kauai ordinance adopting a variable shoreline setback:
Kaua’i County has adopted the most aggressive shoreline buildingsetback law in the state, a powerful policy that aims to protectcoastal structures against 70 to 100 years of erosion.
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The plaintiff property owner has filed a motion for partial summary judgment in the federal court challenge to Maui County’s “affordable housing” requirement. Kamaole Pointe Development LP v. County of Maui, Civ. No. CV07-00447 DAE LEK (filed Feb. 28, 2008).
The Maui ordinance, enacted last year, imposes a 40% to 50% affordable requirement on
There’s still time to register for the “Advanced Land Use and Zoning Law” seminar to be held on Wednesday, February 20, 2008 at the Ala Moana Hotel in Honolulu.
Topics include vacation rentals, big box zoning, affordable housing exactions, landowner liability for rockfalls, an environmental law update, and a summary of recent key decisions from