Check this out: Vermont lawprof John Echeverria has launched a blog about “Takings Litigation.” Which, given the predilections of the author (organizer of the anti-takings conference, and recently presented with the Koontz Catatonia Award), probably should be called “Takings Defense” or the “No Takings Blog,” but who are we to say?
Bridge Aina Lea 9th Cir Oral Argument Report: Hawaii Land Use Commission’s Immunity For Reclassification
Earlier, we posted the recording of the Ninth Circuit’s recent oral arguments in Bridge Aina Lea, LLC v. Chock, Nos. 12-15971, 12-16076, a case in which the court is considering whether State of Hawaii Land Use Commissioners have immunity from civil rights lawsuits, among other issues. The essence of the plaintiff’s allegations is that
Mark Your Calendars: 2015 ALI-CLE Eminent Domain and Land Valuation, and Condemnation 101 – February 5-7, 2015, San Francisco
ALI-CLE, the good folks who put on the annual programs on Eminent Domain and Land Valuation, and Condemnation 101: How to Prepare and Present an Eminent Domain Case, have announced the dates and venue for the 2015 conferences:
Thursday – Saturday, February 5-7, 2015
Hotel Nikko, in San Francisco.
Those
Honolulu Rail And The Use Of Eminent Domain
Here are two recent reports on the progress of the Honolulu rail project that should be read in-tandem:
- Property acquisition for rail falls far behind (Star-Advertiser, June 15, 2014)
- City might seize land in Honolulu for rail line (Star-Advertiser, June 20, 2014)
Both stories are partially behind a paywall, but here’s
11th Circuit: Facial Challenge To Ordinance Must Be Brought When Ordinance Adopted
Remember that decision by a U.S. District Court in Tampa, Florida last year that we crowed about? The court held that a county’s “Right of Way Preservation Ordinance” which allows it to land bank for future road corridors by means of an exaction is “both coercive and confiscatory in nature and constitutionally
Wednesday’s Reading List: Vermont Eminent Domain, The Big Island’s Weed Ordinance, And Quo Warranto
Here’s what we’re reading today:
- Eminent Domain, Ultra Vires, and Adverse Possession Walk Into a Bar… – from SCOV Law, a blog about the decisions of the Vermont Supreme Court: “Get ready to dust off your nineteenth-century-property-law hats, folks, cause this case is chock-full of neglected old cases about rail beds, public trails, adverse
Fla App: Because A Golf Course That Eventually Went Broke (And Was Later Bought By The City) Was “Profitable,” City Not Liable For A Taking
Our thanks to Jacob Cremer for the heads-up on the Florida Court of Appeals’ decision in Ocean Palm Golf Club Partnership v. City of Flagler Beach, No. 5D12-4274 (May 30, 2014). Jacob did not post any analysis (undertstandable because his law firm is involved in the case) so we’ll add our two cents.
Vermont’s GMO Labeling Law Challenged On Free Speech Grounds
For those of you who follow this blog for takings and land-usey issues, please bear with us as we post this about one of the other issues we track, regulations of genetically modified organisms. You know, GMO’s. We’ll be short, we promise.
The issue has jumped to the forefront in Hawaii (three lawsuits filed challenging
As Judge Kozinski Said, It’s A Sidewalk, Not A Sideseat Or A Sidebed
Update: more on the issue from the New York Times: “Honolulu Shores Up Tourism With Crackdown on Homeless.”
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Check out the headline story from today’s Honolulu Star-Advertiser, “Mayor’s sidealk strategy targets Waikiki homeless,” about two bills proposed by Honolulu’s mayor to address some difficult urban issues.
The first
HAWSCT Briefs In Bridge Aina Lea: Takings, State Land Reclassification, And Orders To Show Cause
Here are the merits briefs in an important case set for argument later this month in the Hawaii Supreme Court.
The litigation is a series of two lawsuits that originated in state court in the Third Circuit (Big Island), one an original jurisdiction civil rights lawsuit, the other an administrative appeal. The essence of the