On a day that our attention is elsewhere, comes this important notice: the Texas Supreme Court has granted the State’s motion for rehearing in Severance v. Patterson, No. 09-0378 (Nov. 5, 2010), the case in which the court held 6-2 that Texas does not recognize a “rolling” public beachfront access easement, without proof
Greg Kugle To Speak To HSBA On Shoreline Issues (2/18/2011)
On Friday, February 18, 2011 from noon to 1:00 p.m., my Damon Key colleague Greg Kugle will be speaking to the Hawaii State Bar Association’s Real Property and Financial Services Section on Shoreline Issues. Greg chairs our firm’s real estate and construction law practice group, and has been representing property owners on shorelines issues across
Vermont Law Review: Essay Reflections From The Amicus Curiae In The Judicial Takings Case
As we noted here (when we posted our article), the latest issue of the Vermont Law Review deals with the U.S. Supreme Court’s “judicial takings” case, Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, 130 S.Ct. 2592 (June 17, 2010).
In eight essays, the authors of several of the many amicus
Cases And Links From Today’s Hawaii Land Use Conference Sessions On Coastal Issues And Water Law
To all of you who attended the first day of the Hawaii Land Use Conference today, thank you. As promised, here are the items I discussed during my two sessions:
- United States v. Milner, 583 F.3d 1174 (9th Cir. 2009) – the case in which the Ninth Circuit affirmed a finding of common law
There’s Still Time To Register And Attend The Fifth Hawaii Land Use Conference
This Thursday (January 13, 2011) I’ll be leading two sessions at the fifth Hawaii Land Use Law conference at the Ala Moana Hotel in Honolulu. This conference takes place biannually, so this is your last chance until 2013 to get updated on the hottest topics, by a stellar faculty.
My sessions will cover Coastal Issues
Friday Round-Up: Takings Ripeness, Defining “Hawaiian” Cultural Practices, Penn Central, and Judicial Takings
What we’re reading today:
- Tennessee Supreme Court Makes It Official: The U.S. Supreme Court Misread Tennessee Law in the Williamson County Case – Gideon Kanner on the latest twist in the regulatory takings ripeness mess. If you understand what the title means, you need to read this.
January 13-14, 2011: Fifth Hawaii Land Use Conference
On January 13 and 14, 2011, I’ll be leading two sessions in the fifth Hawaii Land Use Law conference. This one only comes around every two years, so this is your chance to get updated on the hottest topics by a stellar faculty.
My sessions will cover Coastal Issues (which includes shoreline boundary, takings
New Article – Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Mark M. Murakami and Tred Eyerly. The article is an essay with our thoughts about the U.S. Supreme Court’s decision in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No.
Monday Round Up
We’ve been meaning to post links to these items for a while:
- New Survey Date on Public Attitudes Towards Kelo and Economic Development Takings (from Volokh Conspiracy).
- Call For Papers: Planning, Law, and Property Rights – Fifth International Conference, University of Alberta (May 25-28, 2011)
12/8/2010 Oral Argument Live Blog: Must A Property Owner Seek To Change The Law To Ripen A Federal Regulatory Takings Claim?
At 10:00 a.m. HST (3 p.m. EST, noon PST), the Hawaii Intermediate Court of Appeals will hear oral arguments in a case we’ve been following that involves federal regulatory takings claims, Williamson County ripeness, the practical effect of the Hawaii Supreme Court’s decision in GATRI v. Blane, 88 Haw. 108, 962 P.2d 367 (1998)