Complete information, including registration, faculty, and agenda, here.
Land use law
HAWSCT Considering Wipeout Regulatory Takings: What Is An Economically Beneficial Use?
Heads up for a case to watch being argued next week in the Hawaii Supreme Court.
This is a regulatory takings case that’s been up to the Hawaii appellate courts before (see here). In that opinion, the court of appeals correctly held that a property owner raising a regulatory takings case has no…
Monday Reading: Raisin Redux, Beach Appeal Dismissal, Zoning, And More
Here’s what we’re reading today:
- From the Los Angeles Times, via Professor Kanner: “Those California raisins may be gone from the airwaves, but they’re still making waves in court” – after Horne, what’s next for the California raisin industry?
- Remember that case about who owns parts of North Carolina’s beaches, set for
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2017 Hawaii Land Use Law Conference, January 19-20, 2017
Registration is now open for the 2017 Hawaii Land Use Conference, presented by the Hawaii State Bar Association and the University of Hawaii Law School, at the downtown Honolulu YWCA’s Fuller Hall on January 19-20, 2017. “This 2 day conference is a must attend for any attorney or professional whose practice involves land use …
Nebraska: Inverse Condemnation Claims A Bridge Too Far
We’ve had bridges on our minds lately. Plus, we’ve been meaning to post the Nebraska Supreme Court’s opinion in Strode v. City of Ashland, No. S-15-956 (Oct. 28, 2016) for a while, and it is coincidentally about a bridge. So the title to this post came to us quickly, and naturally. But writing…
4th Circuit (Unpublished): Federal Court Facial Takings Claim Ripe After Removal By Govt To Fed Court
We don’t usually post unpublished opinions, but the Fourth Circuit’s recent decision in Clayland Farm Enterprises, LLC v. Talbot County, No. 15-1755 (Dec. 2, 2016), raised some issues worth your time.
The property owner brought its claim in Maryland state court claiming, among other things, that the County’s two indefinite moratoria on development and…
Monday Round-Up: Food Takings; Honolulu And Nebraska Takings; Property Rights And The Environment
Here’s what we’re reading today:
- Raisin redux: “Uncle Sam took this farmer’s raisins, and now he wants his money.” No, this isn’t the third time for the Horne case, but a new case seeking just comp in the Court of Federal Claims. Read the story from McClatchy. We’ll post the CFC’s opinion in
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Mark Your Calendars: The Land Use Institute Is Returning – February 1-2, 2017, Miami
After a short absence and a change of lead sponsor (from ALI-CLE, to the American Bar Association’s Section of State and Local Government Law), the Land Use Institute is back on.
Download the print brochure here, or visit the LUI web site for more. It will be held February 1-2, 2017, in Miami…
Cal App: In-Lieu Housing Fee Isn’t An “Exaction,” And Isn’t A Taking
We were getting ready to dig into the California Court of Appeal’s opinion in 616 Croft Ave., LLC v. City of West Hollywood, No. B266660 (Sep. 23, 2016), when our ABA State and Local Government Law colleague Bryan Wenter wrote up the case on his firm’s land use blog, saving us the trouble.…
Oct 6, 2016: HAWSCT Oral Argument In Eminent Domain Case: Do Parcels Need To Touch To Be Part Of A “Larger Parcel”
Tomorrow, Thursday, October 6, 2016, at 10:00 a.m. at Aliiolani Hale, the Hawaii Supreme Court will hear oral arguments in a case we’ve been following (we filed an amicus brief in the case, supporting the property owner on the first Question Presented), County of Kauai v. Hanalei River Holdings, Ltd., No. SCWC-14-0000828.
The…



