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[This article was originally published in Vol. 31 of the State & Local Law News by the ABA Section on State & Local Government (Spring 2008).  ABA members can access it hereMore on the case here.]

Slgn_frontpage The Hawaii Constitution empowers “the counties” to determine propertytaxes.[1] On issues of local concern, theConstitution’s

Another year has come and gone.  In Hawaii, two of the hottest “landuse” related topics in the public arena remain public beach access andtransient vacation rentals.  Yet, there wasn’t much to report in theway of developments in the law in these areas, as the courts did notaddress these issues directly in any decisions.   Nor were

Some takeaway points:

  • The definition of “shoreline” in the Coastal Zone Management Act –while it may be based on, and similar to the common law boundarybetween public and private property — does not define the location ofthe public beach. It is merely the baseline from which the shorelinesetback (the “no-build” zone on beachfront lots). The

Here is a collection of all the inversecondemnation.com posts on the Hawaii Superferry litigation:

Case documents —

Commentary and analysis —

The Wall Street Journal (Sep. 1, 2007)

This Side of Paradise

By MALIA ZIMMERMAN
September 1, 2007; Page A6

KAUAI, Hawaii — The island of Kauai has long been a magnet for visitors from the mainland as well as the main island. With white sand beaches and turquoise blue water, the island on the northern