In “New Kauai shoreline erosion bill among the nation’s most conservative,” Jan TenBruggencate summarizes the recently enacted Kauai ordinance adopting a variable shoreline setback:
Kaua’i County has adopted the most aggressive shoreline buildingsetback law in the state, a powerful policy that aims to protectcoastal structures against 70 to 100 years of erosion.
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In Brescia v. North Shore Ohana(No. 27211, July 12, 2007), the Hawaii Supreme Court held that a property owner was not entitled to rely upon a county planning commission’s determination of the location of a shoreline setback when the planning commission retained the authority to give official assurances. The case involved Kauai property within
The Wall Street Journal posts “Whose Beach Is This Anyway,” a story about how shoreline erosion is resulting in legal disputes nationwide over ownership and building setbacks.
The story notes Hawaii’s Diamond v. Bd. of Land and Nat. Res., 112 Haw. 161, 145 P.3d 704 (Oct. 24, 2006), a case which I
In a case that may hold lessons for Hawaii land use law, the State of Washington Supreme Court recently invalidated under state law a series of moratoria on shorelinedevelopment permits because the city had no power under delegated statelaw to enact a moratorium. Hat tip to Professor Patty Salkin’s Law of the Land blog for
The issues in the lawsuits about the Hawaii Superferry Environmental Assessment dwell on legal technicalities such as standing, the statute of repose, and the standard of review. But the case seems to have touched a deeper nerve, serving as the crucible for wider issues not limited to the Superferry. For a flavor
Yesterday’s Honolulu Star-Bulletin ran an editorial “Access to Oahu’s shoreline is being blocked little by little,” spurred by a brewing controversy regarding access to public beaches across private property in Kailua. The editorial calls for political leaders to make access to public beaches “a priority,” by establishing an “enforceable policy” to promote access:
Thanks to my colleague Mark Murakami, I’ve found the Hawaii Land Use Law blog by Jesse Souki. Topics he is covering include affordable housing, CLERCA, Endangered Species Act, NEPA/SEPA, planning, subdivision, and zoning.
I’m glad to see another Hawaii law blogger, especially in the land use area. Let’s welcome another voice on this important
The “Daily Dish” blog at the Honolulu Advertiser poses an intriguing question: “Should anyone own the beach?” The issue, however, isn’t about beach ownership, but rather restriction of access to publicly-owned beaches via private roads:
This past August a group of homeowners in Kailua installed a 6-foottall gate — with a combination
What purpose is served by the Legislature providing for an environmental assessment “exemption” if there are always exceptions to the exemption?
That is the question raised by the Hawaii Supreme Court’s opinion in the “Hawaii Superferry EIS case,” Sierra Club v. State of Hawaii Dep’t of Trans., No. 27407 (Aug. 31, 2007).
This
The Honolulu Star-Bulletin has posted a story on the recent Hawaii Supreme Court decision in Brescia v. North Shore Ohana (No. 27211, July 12, 2007), entitled “Rocker’s plans for Kauai home blocked.” According to the story, it turns out the decision in Brescia also impacts a neighboring property belonging to the lead singer of the