Early registration is a good thing because space is limited, especially at the Wren Building banquet on the 26th, at which the 2023 B-K Property Rights
“YIMBY Martial Law” – More On Hawaii Gov’s Gordian Knot Cutting
Here’s an excellent report on a situation we’ve been following, the Hawaii governor’s proclamation of a housing emergency. In “To Tackle Highest Housing Costs in the Country, Hawaii’s Governor Declares YIMBY Martial Law,” Christian Britschgi at Reason writes:
Developers with a [Beyond Barriers] working group [what we cheekily referred to as
“Zoning is the most important local law you’ve never heard of” – Hawaii Zoning Atlas Published
Where you can build 1-4 family residences by right
The Hawaii Zoning Atlas project has announced publication of the Hawaii Zoning Atlas, an “interactive map [that] explores how restrictive zoning laws can make it difficult to build diverse, affordable housing.”
The official announcement notes:
The map is based on an original dataset compiled by
Recognizing A Property Rights Icon: “Mentors, A Path to Fairness, and the Joy of Taking”
We recently attended the American Bar Association’s Annual Meeting in Denver to speak at the Section of State and Local Government Law’s program, “The 100th Anniversary of Pennsylvania Coal v. Mahon: How the Takings Clause Became the Primary Check on Government Power When SCOTUS Abandoned Review Under the Due Process and Contracts Clauses
Live The Dream! Teach Dirt Law In Hawaii: UH Law School Looking For Property & Land Use Lawprof
(Tip for applicants: understanding the symbology of the
Law School’s logo will show you know the score.)
Here’s your chance to teach Property and Land Use in what might be most interesting venue on Planet Earth for those subjects: the University of Hawaii School of Law has put out a call for applications for
What If The Hawaii Governor’s Cutting Of The Gordian Land Use/Environmental Knot Actually Works?
The two-plus years under the declared Co-19 emergency surely have given Hawaii’s executive-branch officials a clear vision of how much easier they could get their agendas accomplished without all that pesky democracy.
Hawaii’s Sweeping Emergency Management Act: Governor is the “Sole Judge”
Hawaii’s Emergency Management Act gives state and county executives broad and nearly unreviewable
Tex App: Nollan/Dolan Challenge To Annexation Fees Not Ripe: You Have To Apply For Annexation To Find Out What The Fee Will Be
The city told an owner whose three parcels were outside of the city’s jurisdiction that if it wanted the city’s permission to replat into 74 parcels, it would need city water and sewer service to each of the proposed lots.
So the owner asked to connect to the city’s water and sewer system (deliberately overbuilt
Cal Ct App: Prohibition On Short-Term Rentals Might Have A Commerce Clause Problem
The voters of South Lake Tahoe, California, adopted an ordinance that forbade the city from issuing short-term rental permits for properties in residential zones unless the owner was a permanent resident of the city, and declared that all short-term rental permits would expire three years later. The trial court granted the city summary judgment on
SC: No Penn Central Taking For City Ordinance Merging Contiguous-But-Separate Parcels
As you can tell from the date of the opinion, we’ve been meaning to post the South Carolina Supreme Court’s ruling in Braden’s Folly, LLC v. City of Folly Beach, No. 2022-000020 (Apr. 5, 2023) for a while. Something else always intervened, but it remains a decision worth reviewing.
The city adopted an ordinance
Chump Alert! Developer’s Claim That City Can Be Held To Its Contract Limiting Exactions Goes About As Well As You’d Expect
We’re not going to dwell all that much on the California Court of Appeal’s recent opinion in Discovery Builders, Inc. v. City of Oakland, No. A164315 (June 22, 2023), mostly because it seems entirely predictable.
The developer thought it had an agreement with the city to pay certain fees (dare we say “exactions”) the