Since the U.S. Supreme Court’s decision in Kelo v. City of New London, 545 U.S. 469 (2005), the focus in public use challenges to exercises of the eminent domain power has largely focused on state courts and state constitutional protections.
The Kelo majority held that the Fifth Amendment was a “baseline,” and established a
In “Beach ownership is still in question,” the Honolulu Star-Bulletin reports on Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. 28175, the appeal currently pending in the Hawaii Intermediate Court of Appeals about whether Hawaii’s “Act 73” effected a taking of property. Thanks to Charley Foster at Planet Kauai for
Here are the latest blogs we’ve added to our list:
Eminent domain, regulatory takings, and property rights
On Wednesday October 14, we live blogged the arguments in Goldstein v. New York State Urban Development Corp., the latest case involving the controversial Brooklyn Yards development and Kelo-like claims of eminent domain abuse in an economic development taking.
Joining in the commentary were Pacific Legal Foundation attorney and property rights scholar Timothy
Our coverage of the Hawaii Supreme Court oral arguments will go live on Tuesday, October 13, 2009, at approximately 9:45 a.m., Hawaii time.
<p><p>&lt;a href=”http://www.coveritlive.com/mobile.php?option=com_mobile&amp;task=viewaltcast&amp;altcast_code=7c50a56fae” &gt;HAWSCT Ala Loop arguments 10-13-2009&lt;/a&gt;</p></p>
As noted in the story, we recently applied to the Hawaii Supreme Court for a transfer of the case from the Intermediate Court of Appeals to the Supreme Court, and for expedited consideration pursuant to Haw. Rev. Stat. § 11-52 (1993).
Transfer of an appeal from the ICA to the Supreme Court is mandatory
Happy Birthday to us: we uploaded our first posts on this blog three years ago this day. In lawblog years, that’s quite a while.
If you can’t already tell by the nearly 900 posts during this time, we enjoy doing this. Even even though it’s a lot of work, it’s rewarding. Mostly because of
Update: 8/6/2009, 8:00 a.m. HST: our servers are up. If you sent something earlier but didn’t get a response, please resend.
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8/6/2009, 5:00 a.m. HST: We’re not ignoring you: the hawaiilawyer.com email servers are down for the second night in a row. If you are trying to email us, please stand by, your messages
Years ago, during a brief foray in the army, we employed a pretty simple job description: shoot, move, and communicate. This same axiom is an apt summary of our core mission as lawyers: win the case, go where the action is, and keep in contact — both with clients and the public.
The old