This is a long one from the California Court of Appeal, Fourth District (58 pages, with an 11-page dissent), so we’re not going to go into detail. But if a local government’s conflict with an all-powerful state agency, shoreline and coastal law, or how the concept of governmental “pretext” is treated in areas outside of
HAWSCT To Review Kawaiahao Church Cemetery Case
What’s the difference, if any, between a “cemetery” and a burial, and are burials in cemeteries exempt from archaeological review? That’s one of the issues the Hawaii Supreme Court agreed to review in this Order, by which it accepted the DLNR’s application for a writ of certiorari.
HAWICA Thwarts State’s Massive Land Grab
Yesterday, the Hawaii Intermediate Court of Appeals issued an opinion in In re Trustees Under the Will of the Estate of James Campbell, No. 30006 (June 13, 2013), a fascinating case involving the nature of Torrens title. In doing so, the court rebuffed the State of Hawaii’s attempted land grab, which would have undermined
Upcoming ABA CLE: “Supreme Court Takings – A First Look At Koontz And Horne”
Mark your calendars for July 12, 2013 for our CLE teleconference on “Supreme Court Takings: A First Look at Koontz and Horne,” sponsored by the ABA’s State and Local Government Law Section. We’ll start at 1:00 pm ET (Noon CT, 11:00 am MT, 10:00 am PT, 7:00 am HT). Here’s the program
Teleconference Links: Do You Dare Even Say “Eminent Domain” After Kelo?
Here are links to the cases and other materials we spoke about at today’s teleconference with Professor Dan Mandelker and my OCA colleague Dwight Merriam:
- Ilagan v. Ungacta (Guam v. 162.40 Square Meters of Land)
- “Solely” for economic development? Missouri ex rel. Jackson v. Dolan
- Ilya Somin, The Judicial Reaction to Kelo, 4
Predicting The Koontz Case: Six Possible Outcomes
Hat tip to ABA State and Local Government Law colleague (and fellow U.H. Law School alum) Julie Tappendorf for the lead on a newly-published article: John M. Baker and Katherine M. Swenson, Koontz v. St. Johns River Water Management District: Trudging Through a Florida Wetland with Nine U.S. Supreme Court Justices, in the latest
Monday Round-Up: Casinos, Sandy Aftermath, Mortgage Seizure
What we’re reading today:
- Illinois casinos to have eminent domain power? – “Illinois Senate Approves Granting Eminent Domain Power to Casinos” – via Eminent Domain and Real Estate Blog.
- “Eminent Domain hurt black families” – an op-ed from the Knoxville, Tennessee paper by Robert Booker.
Eminent Domain And Condemnation Law Conference (Honolulu, Aug. 21, 2013)
Mark your calendars: on August 21, 2013, The Seminar Group is putting on the 2d Annual Eminent Domain and Condemnation Law Conference, in Honolulu (Hilton Waikiki Beach). Our Damon Key partner Mark M. Murakami is the Planning Chair, and the rest of the faculty is pretty good, too.
We’ll be speaking at two of the
Is Anyone On The Hook If a Volcano Gawker Ends Up In Trouble?
This photo and accompanying story (“Volcano officials concerned about risky activity at Kilauea ocean entry“) reminded us of an article we did a few years ago about issues of liability in these cases, the “compensation culture,” and a famous tort decision by the UK’s House of Lords.
Our article, “Common Sense
Cal App Affirms Penn Central Temporary Regulatory Taking
Here’s the opinion of the California Court of Appeal (1st District) in an appeal we’ve been following, Lockaway Storage v. County of Alameda, No. A30874 (May 9, 2013), affirming that the County of Alameda is liable for a temporary regulatory taking under Penn Central, and awarding the property owners nearly three-quarters of a