Civil Beat‘s recent report on the mayor’s plan to demolish the Waikiki Natatorium War Memorial, a salt-water swimming pool erected to honor those who served in “the Great War,” not only brought back some childhood memories (I swam there as a kid) but reminded us of the cost of preservation. When the thing
Connecticut: Soft Costs Sufficient To Show “Substantial Loss” For Zoning Estoppel
In Levine v. Town of Sterling, No. 18470 (Apr. 12, 2011), the Connecticut Supreme Court held that a property owner need not show that his property was rendered worthless or that he made “capital investment” to prove that he relied on a resolution by the town’s board of selectmen that he could build more
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
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.
Land Use And Takings Cases Discussed At The HSBA Real Property Session
The week before last, the Hawaii State Bar Association’s Real Property and Financial Services Section held a session on recent developments in land use law of interest to local dirt lawyers.
We were not able to attend (we were teaching a seminar on water law), but our Damon Key colleagues Mark Murakami, Greg
Materials And Links From “Integrating Water Law and Land Use Planning” Seminar
Last Friday, I was on the faculty of Integrating Water Law and Land Use Planning, a seminar on Hawaii’s unique water law.
My session covered “Water Rights, Property Rights and the Law of Settled Expectations,” and provided a crash course in Hawaii land use law, the interrelationship between land use law and water law
Cert Denied In Hawaii Beach Taking Case
The U.S. Supreme Court has declined to review Maunalua Bay Beach Ohana 28 v. State of Hawaii, 122 Haw. 34, 222 P.3d 441 (Haw. Ct. App. 2009). That’s the case in which the Hawaii Intermediate Court of Appeals concluded that ownership of beachfront property includes only a partial right to accreted land.
The ICA
November 19, 2010: Hawaii Water Law Conference
On Friday, November 19, 2010, I’ll be on the faculty of “Integrating Water Law and Land Use Planning” in Honolulu. My session will cover “Water Rights, Property Rights and the Law of Settled Expectations.”
Other sessions include “Hawaiian Water Rights – Where Culture and the Law Merge,” “Amendments to the Instream Flow Standards
October 20, 2010: ABA Teleconference On Judicial Takings And The Stop The Beach Renourishment Case
Mark your calendars: as a follow up to the panel discussion of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, 130 S. Ct. 2592 (2010) at the ABA Annual Meeting in San Francisco in August, the ABA Section of Real Property, Trust and Estate Law is sponsoring (along with the Section