Registration is now open for the 2017 Hawaii Land Use Conference, presented by the Hawaii State Bar Association and the University of Hawaii Law School, at the downtown Honolulu YWCA’s Fuller Hall on January 19-20, 2017. “This 2 day conference is a must attend for any attorney or professional whose practice involves land use
Water rights | Public trust
Public Trust, Tidelands, And Land Titles: A Short Visit
“Petitioner owns the fee title to property known as the Ballona Lagoon, a narrow body of water connected to Marina del Rey, a manmade harbor located in a part of the city of Los Angeles called Venice. Venice is located on the Pacific Ocean between the Los Angeles International Airport and the city …
Amici Brief: If A Legislature Or Court Moves The Public Trust Shoreline Inland, It’s A Taking
Here’s the amicus brief we filed yesterday on behalf of lawprof David Callies and our colleagues at Owners’ Counsel of America in an important case involving ownership and use of the “dry sand” beach, now pending in the North Carolina Supreme Court.
In Nies v. Town of Emerald Isle, No. COA15-169 (N.C. App. Nov. 17…
Guest Post: Bragg – Wrong Question, Wrong Result In Texas, To The Detriment Of Sustainable Water Supply
Today’s post is by colleague William Wade, an economist in Nashville, Tennessee, who has thought a lot — and written extensively — about the just compensation and damages available in inverse condemnation and regulatory takings cases.
He provides his thoughts on a recent trial court decision in a closely-watched Texas water case, in which the…
Lawsuits Have Consequences: Aloha To Hawaii Sugar
When people think of “Hawaii,” many of them, me included, think of sugar. Those of us of a certain vintage who were raised in the islands, and whose families were tied to the sugar plantations once so ubiquitous (my mother’s family was from the Halawa Plantation and lived on what is now the site of…
Hawaii Water Law, In A Nutshell
If you want a crash course in Hawaii’s unique (some would say weird) water law, you can’t do better than this video from Think Tech Hawaii, an interview with an old water hand, lawyer William Tam.
While he definitely has a perspective (one that, in our view, downplays the role of private…
Carts Before Horses, And Pearls Before Swine: The Hawaii Supreme Court’s Fractured Rationale For Invalidating The TMT Permit
Space. The final frontier. These are the voyages of the telescope Thirty Meter. Its five year continuing mission: to explore strange new worlds. To seek out a Conservation District Use Permit from the Board of Land and Natural Resources, and navigate the treacherous waters of Hawaii administrative law. To boldly go where twelve other …
Thursday, November 5, 2015, U.H. Law School: Lawprof Thomas Merrill To Speak About Property And Public Trust
Mark your calendars for next Thursday, November 5, 2015, at 4:30pm at the University of Hawaii Law School Moot Courtroom for the annual Gifford Lecture in Real Property, sponsored by our colleagues at Carlsmith Ball.
This year, the lecture is by Columbia Lawprof Thomas W. Merrill (also a recent Brigham-Kanner Property Rights prizewinner…
Upcoming Events And CLE’s – Appellate, RLUIPA, Sharing Economy, And More
Here are some upcoming events in which you may be interested, in chronological order:
- Sharing Economy: this Friday, October 16, 2015, from 1:00 pm – 2:30 pm ET: “Is Sharing Really Caring? Part I: The Law of Transportation Sharing: Uber, Lyft, and the Sharing Economy.” This is a webinar-format program, a follow up
…
What You Need To Know About Hawaii’s New Environmental Court
Enviro Wars Episode IV: A New Court
You may have heard that the Hawaii Legislature, after an intensive years-long effort by environmental groups, recently created a new court with specialized jurisdiction that could have a big impact on how property and business owners are treated by Hawaii’s courts.
Known as the “Environmental Court,” this new…



