A good story for your weekend reading from the Los Angeles Times, “U2’s The Edge and his decade-long fight to build on a pristine Malibu hillside,” about the rock guitarist’s decade-long effort to build his dream home compound in the exclusive coastal town. Running smack dab in to the California Coastal Commission
New Cert Petition: By Upholding Public Beach Road Access, Maine Supreme Court Judicially Took Our Driveway
Here’s a cert petition recently filed, which asks the U.S. Supreme Court to review the opinion of the Maine Supreme Judicial Court under a judicial takings theory.
The petitioners argue that the Maine court took their private property when it departed from its prior decisions and a statute and concluded that a road to
Cal App On Tidelands And Mexican Title: Owner Has Title In Land Used For Beach Access, But May Have Lost It By Dedication
Another day that we’re tied up, so there won’t be too much analysis. But we wanted to post this fascinating case out of the California Court of Appeal, Friends of Martin Beach v. Martin Beach 1 LLC, No. A142035 (Apr. 27, 2016).
As the caption of the case indicates, it involves beach access. Specifically
Another Takings Pilgrimage (Unconstitutional Conditions Technically, But Close Enough)
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The Nollans own a beachfront lot in Ventura County, California. A quarter-mile north of their property is Faria County Park, an oceanside public park with a public beach and recreation area. Another public beach area, known locally as “the Cove,” lies 1,800 feet south of their lot. A concrete seawall approximately eight feet high separates |
Cal App: Intentionally Flooding Land To Protect The Environment Is A Physical Taking
A longer one from the California Court of Appeal, but unfortunately, we don’t have the time to digest it in detail. But you really should read Pacific Shores Property Onwers Ass’n v. Dep’t of Fish and Wildlife, No. C070301 (Jan. 20, 2016), in which the court upheld a ruling that the Department of Fish
HAWSCT Oral Arguments In Seawall Hot Potato Case
A case that we’ve been following with some mild amusement has reached the Hawaii Supreme Court, where it was argued last week.
Our amusement stems from the fact that shoreline and beachfront property in Hawaii — especially when that property is in the fabled “Gold Coast” of Waikiki at the foot of Diamond Head —
What Does “Waikiki” Mean? – Variances, Safety Valves, And A “Hawaiian Sense Of Place”
“Waikiki” means a lot of things to a lot of people. With its wall-to-wall high rises, it could be Las Vegas-by-the-Sea. Or the site of the most famous beach in Hawaii, if not the world. A place where impossibly tony shops and kitsch exist side-by-side. Where the “Hawaiian” bric-a-brac is imported from the Phillipines and
Upcoming Events And CLE’s – Appellate, RLUIPA, Sharing Economy, And More
Here are some upcoming events in which you may be interested, in chronological order:
- Sharing Economy: this Friday, October 16, 2015, from 1:00 pm – 2:30 pm ET: “Is Sharing Really Caring? Part I: The Law of Transportation Sharing: Uber, Lyft, and the Sharing Economy.” This is a webinar-format program, a follow up
What You Need To Know About Hawaii’s New Environmental Court
Enviro Wars Episode IV: A New Court
You may have heard that the Hawaii Legislature, after an intensive years-long effort by environmental groups, recently created a new court with specialized jurisdiction that could have a big impact on how property and business owners are treated by Hawaii’s courts.
Known as the “Environmental Court,” this new
No Taking When Owner Prohibited From Developing In Floodplain
The headline of this post shouldn’t be that surprising, especially when the the property owner purchased the land already subject to a floodplain designation, and those regulations effectively prohibited development.
But the two twists in the South Carolina Supreme Court’s opinion in Columbia Venture, LLC v. Richland County, No. 27563 (Aug. 12, 2015), were