As most of you probably already know, there’s a demon lurking out there in takings claims. Not of the Levon Helm-narrated The Right Stuff variety, but maybe just as deadly in litigation.
That’s right, the too-early-or-too-late thing (or in some cases, the too-early-and-too-late argument). Getting caught between arguments that a takings claim
If a zoning statute or ordinance sets out the uses permitted in a zone, and the uses not permitted in the zone, and a property owner wants to make a use not permitted in the zone, all she needs to do is apply for a variance, or a Conditional Use Permit, or a nonconforming use
If you are in Honolulu, please join us on Wednesday, March 8, 2023, 4:30-5:30 p.m. at the University of Hawaii Law School for Professor Thomas Mitchell on “Heirs’ Property and the Uniform Partition of Heirs Property Act: Challenges, Solutions, and Historic Reform.”
Our U.H. Land Use class is attending to learn more about “heirs’ property” (described as “the biggest problem you’ve never heard of“), and so should you. Yes, Hawaii has adopted the Uniform Partition of Heirs’ Property Act and we have followed this issue for some time, but if you didn’t know about this, now is your chance to catch up.
Here are the details from the U.H. newsletter:
Carlsmith Ball presents the 2023 Distinguished Gifford Lecturer in Real Property, Thomas W. Mitchell. Mitchell is a professor at Boston College Law School, where he holds the Robert F. Drinan, S.J. Endowed Chair and serves as the Director of the Initiative on Land, Housing & Property Rights. He is a national expert on property issues facing disadvantaged families and communities and has published leading scholarly works addressing these matters.
In 2020, Professor Mitchell was named one of 21 recipients of the MacArthur Fellowship in recognition of the substantial impact his professional work has had in assisting disadvantaged farmers and property owners, people who are disproportionately but not exclusively African American and other people of color. He is the only lawyer in his MacArthur Fellowship class. Please join us for this Distinguished Gifford Lecture; a light reception is to follow from 5:30 – 6:30 p.m.
Come, join us for this compelling session.
Continue Reading Join Us On Wed March 8 at 4:30pm For 2023 Distinguished Gifford Lecture In Real Property – Prof Thomas Mitchell On “Heirs’ Property & the Uniform Partition of Heirs’ Property Act: Challenges, Solutions, & Historic Reform”
Here’s the latest SCOTUS cert petition, filed by our law firm colleagues Dave Breemer and Deborah LaFetra. Because this is one of ours, we won’t be commenting, but leave it to you to digest it yourself.
Here’s the Question Presented:
Frank and Rachel Revere and David and Judith Kagan (Owners) own a duplex in
As we wrote up here, national zoning and planning expert Nolan Gray joined our U. Hawaii Land Use class (and the public) last week for a talk about whether zoning is an impediment to affordable housing in Hawaii.
Thank you to Grassroot Institute of Hawaii for recording the talk, as well as making Mr.
The session was recorded.
Here’s the video and audio.
Earlier this week, planner M. Nolan Gray, author of the new book, “Arbitrary Lines: How Zoning Broke the American City and How to Fix It” (Island Press 2022) joined our Land Use class at the University of Hawaii Law School to talk
The Registrar would not accept our suggestion
to change the course description to “Dirt Law”
This spring, starting mid-January we’ve been back in a law classroom, this time at one of our law almae matres, the University of Hawaii School of Law in Honolulu.
The course is Land Use Management and Control, and
We were eagerly anticipating 40th American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference. The 2022 Conference in Scottsdale was one of the first meetings where everyone was back in-person (and was a smashing success), but that conference was early in the game so not everyone could or would attend. But in the past
Land users: come join us online for the 36th Annual Land Use Institute. Yes, the venerable program is back again, with the usual line up of dirt law experts covering all you need to know and bringing you up to speed on the latest. Here’s the description of the program:
This Annual Land Use Institute
Join our Pacific Legal Foundation colleagues Jon Houghton, Daniel Woislaw, Kady Valois, and Sam Spiegelman (moderating) tomorrow, Wednesday, February 8, 2023, at 3:00 – 4:00 p.m. ET for a free webinar, “Emerging Issues in Property Rights.”
Here’s the agenda:
Protecting private property rights has been at the heart of PLF’s