As reported here and here, the City of Half Moon Bay, California is going to appeal the $37 million federal inverse condemnation judgment to the Ninth Circuit. In the first story, the San Francisco Chronicle reports:
The Half Moon Bay CityCouncil on Tuesday night voted to hire a team of appellate lawyers andannounced
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The $37 million inverse condemnation judgment against the City of Half Moon Bay, California by the US District Court for the Northern District of California is having some repercussions, as reported by the San Francisco Chronicle:
Under the worst-casescenario, officials say, Half Moon Bay would become the first Bay Areacity forced to dissolve, and the
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From January 3 – 5, 2008, ALI-ABA is putting on its annual program of eminent domain seminars, this time in San Francisco, California. Two programs are being offered: “Condemnation 101: Fundamentals of Condemnation Law and Land Valuation” for those who want a course on the basics, and “Eminent Domain and Land Valuation…
Here are the latest filings in the federal lawsuit by the Maui Vacation Rental Association against the County of Maui. The court asked for further briefing on the due process claim. The plaintiff’s supplemental brief is here, and the County’s supplemental brief is here.
Previous posts on the case, including prior briefs and…
The Wall Street Journal posts “Whose Beach Is This Anyway,” a story about how shoreline erosion is resulting in legal disputes nationwide over ownership and building setbacks.
The story notes Hawaii’s Diamond v. Bd. of Land and Nat. Res., 112 Haw. 161, 145 P.3d 704 (Oct. 24, 2006), a case which I…
The County of Hawaii Planning Department has issued Memorandum No. 07-20 (Oct. 3, 2007) setting forth the County’s reevaluated practices in reviewing development applications “to see whether an environmental assessment is needed under Chap. 343 [the Hawaii Environmental Policy Act.]” The bottom line is set forth on page 2:
Planners will have to review the…
There’s an interesting discussion going on over at The Volokh Conspiracy about the recent $37 million inverse condemnation/regulatory takings federal judgment against the City of Half Moon Bay, California. I wrote about the decision here and here.
The comments to Professor Somin’s post are particularly thought-provoking, especially the ones dealing with whether the decision…
In Neighbors in Support of Appropriate Land Use v. County of Tuolumne, No. F051690 (Dec. 7, 2007), a California District Court of Appeals held that a development agreement cannot be used to avoid zoning restrictions. The court framed the issue:
[C]an a county approve an application to devote a parcel of real property to…
Two updates on Yamagiwa v. City of Half Moon Bay, No. 05-4149 VRW (Nov. 28, 2007), the $37 million inverse condemnation judgment about which I posted here. In that case, the US District Court for the Northern District of California held the city liable for ataking after it caused the plaintiff’s property to…
Just received notice of a new book published by University of Hawaii School of Law Professor Jon Van Dyke, Who Owns the Crown Lands of Hawaii. According to the summary from UH Press:
In this engrossing work, Jon Van Dyke describes and analyzes in detailthe complex cultural and legal history of Hawai‘i’s Crown Lands.
