The Honolulu Star-Bulletin reports an interesting AP story from Washington state, "A good fence makes ... trouble," about property owners whose fence on their own property has been threatened by an obscure federal agency:
Herbert and Shirley-Ann Leu were thinking landscaping, not politics, when they built an 85-foot-long concrete wall in their back yard.
But their yard happens to run along the U.S.-Canadian border -- a situation that has put the Leus in the middle of a property rights battle, led the Bush administration to fire its own handpicked border caretaker and given rise to a legal dispute over the extent of presidential authority.
Full story. The property owners are being represented by my Pacific Legal Foundation colleagues, whose take on the case is posted here.
this blog is...
- devoted to recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, land use law, and (occasionally) election law.
Author
- Robert H. Thomas is a land use, eminent domain, and appellate lawyer based in Honolulu, Hawaii
Starting in the fall of 2018, he serves as the Joseph T. Waldo Visiting Chair in Property Rights Law at the William & Mary Law School in Williamsburg, Virginia.
email | bio | publications
events | notices
All upcoming and past seminars, conferences, and events here
At the 2016 Brigham-Kanner Property Rights Conference in the Hague, The Netherlands (October 19-20, 2016, I'm speaking on two panels: "Property's Role in the Fundamental Political Structure of Nations," and "Defining and Protecting Property Rights in Intangible Assets." More information here.
books & articles
The Law of Eminent Domain - A Fifty State Survey (ABA 2011)
Eminent Domain - A Handbook of Condemnation Law (ABA 2011)
At the Cutting Edge 2009: Land Use Law from The Urban Lawyer (D. Merriam, ed. 2010)
Recent Developments in Public Use and Pretext in Eminent Domain, 41 Urban Lawyer 563 (Oct. 2009)
The Ninth Circuit Rediscovers Substantive Due Process in Land Use Cases (Dec. 2008)
podcasts
Interview With The Filmmaker: Michael Galinsky On "Battle of Brooklyn"
Taking Accretion By Legal Erosion: Summary Of The Oral Arguments In The Hawaii Beach Takings CaseThe Kauai Property Tax Charter Amendment Case (KKCR FM 92.7)
Legal and Other Issues In Honolulu's Rail Project (Think Tech Hawaii, KIPO FM 89.3)
live blog archive
- Judge McKenna Senate Hearing (2/4/2011)
Governor's Announcement of Judge Sabrina McKenna as Associate Justice, HAWSCT (1/25/2011)
Must A Property Owner Seek To Change The Law To Ripen A Federal Takings Claim? (HAWICA, 12/8/2010)
Justice Recktenwald Senate Hearing (8/25/2010)
Judge Leonard Senate Hearing (8/3/2010)
New Jersey's "Bizarre Condemnation" - Klumpp v. Borough of Avalon (NJ Supreme Court, 3/22/2010)
Columbia Eminent Domain Oral Arguments (NY Court of Appeals 6/1/2010)
Turtle Bay/Kuilima Supplemental EIS case (HAWSCT, 12/17/2009)
Atlantic Yards eminent domain abuse (NY Court of Appeals, 10/14/2009)
Ala Loop Homeowners: are state zoning laws "environmental" statutes (HAWSCT, 10/14/2009)
links
- Professor Mandelker's Land Use Law
- Julie Tappendorf's Municipal Minute
- Professor Kanner's Gideon's Trumpet
- Bulldozers at Your Doorstep - Goldstein, Rikon, Rikon & Houghton
- Eminent Domain Law Blog by Owners Counsel of America
- Rick Rayl's California Eminent Domain Report
- ABA State & Local Govt Law Section, Condemnation Law Committee
- Mark Murakami's Hawaii Ocean Law
- Dwight Merriam's RLUIPA Defense
- McKirdy & Riskin's NJ Condemnation Law
- Tred Eyerly's Insurance Law Hawaii
- Dean Patty Salkin's Law of the Land
- PLF's Liberty Blog
- Ackerman Ackerman & Dynkowski's National Eminent Domain Blog
- Jesse Souki's Hawaii Land Use Law & Policy
- New Jersey Eminent Domain Law Blog
reviews
Battle For Brooklyn (Rumur Films 2011)
Regulating Paradise: Land Use Controls in Hawaii by Professor David J. Callies (2d ed. 2010)
Regulatory Takings by Professor Steven J. Eagle (2013)
Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights, Professor Rachelle Alterman, ed. (ABA Section of State and Local Government Law 2010)
Property Rights, Eminent Domain, and Regulatory Takings Re-Examined Bruce L. Benson, ed. (Independence Institute 2010)
Little Pink House - A True Story of Defiance and Courage by Jeff Benedict (2009)
The Complete Guide to Zoning by Dwight H. Merriam (2005)
Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land by Carla T. Main (2007)
Eminent Domain Use and Abuse: Kelo in Context, Dwight H. Merriam, editor (2007)
Categories
- ▪ 2008 in review
- ▪ 2006 in review
- ▪ 2007 in review
- ▪ 2009 in review
- ▪ 42 U.S.C. § 1983 | Civil Rights
- ▪ Administrative law
- ▪ Agriculture
- ▪ Appellate law
- ▪ Articles and publications
- ▪ Attorneys Fees & Costs
- ▪ Blight
- ▪ Brigham-Kanner Conference
- ▪ Court of Federal Claims | Federal Circuit
- ▪ Development agreements
- ▪ Due process
- ▪ Eminent Domain | Condemnation
- ▪ Environmental law
- ▪ Equal Protection
- ▪ Inverse condemnation
- ▪ Judicial Takings
- ▪ Just Compensation | Appraisal
- ▪ Land use law
- ▪ Municipal & Local Govt law
- ▪ Nollan/Dolan | Exactions
- ▪ Penn Central
- ▪ Pipelines
- ▪ Property rights
- ▪ Property tax
- ▪ Public Use | Kelo
- ▪ Rail
- ▪ Rails-to-Trails
- ▪ Redevelopment
- ▪ Regulatory takings
- ▪ Rent Control
- ▪ RLUIPA | religious land use
- ▪ Schadenfreude
- ▪ Seminars
- ▪ Shoreline | CZMA
- ▪ UIPA - Public Records Law
- ▪ Uniform Relocation Act
- ▪ Vacation rentals
- ▪ Vested rights
- ▪ Voting rights | election law
- ▪ Water rights | Public trust
- ▪ Wildfires and Flooding
- ▪ Williamson County | Ripeness
- ▪ Zoning & Planning
insurance law hawaii
hawaiioceanlaw
hawaii construction law
Recent Posts
- CFC: God Forced Corps Of Engineers To Open Floodgates
- Idaho: Only The Owners At The Time Of The Taking Have Standing To Pursue Inverse Claim (Because It Is A "Personal Claim" & Doesn't Run With The Land)
- Thank You To All Who Joined Us In Nashville For The 37th Annual ALI-CLE Eminent Domain Conference!
- Amici Briefs: What Do You Do With A Recalcitrant Condemnor Who Won't Pay The Judgment? Magna Carta 'Em!
- New Must-Read Article: "What is Just Compensation?" (Wanling Su, Virginia L. Rev.)
- Cool Courts Don't Look At Explosions: Third Circuit Rejects Stigma Damage Theory For Adjacent Gas Pipelines
- A Dispatch From The ALI-CLE Eminent Domain Conference: An Economist Looks At The Current Status Of Penn Central
- Eminent Domain Podcast Interviews William & Mary Law Students
- Less Meaningful Than The Iowa Caucuses: FERC Invokes Chevron Deference, Rules That Under NGA, Private Condemnors May Take State-Owned Land
- Williamson County, In Pictures
February 2020
Disclaimer
- This blog is not legal advice. But you knew that already. Reading this blog does not make you a client, nor are any posts or comments on this blog subject to the attorney-client privilege. For legal advice, please retain an attorney licensed in your jurisdiction.
This blog is not sponsored by the author's firm, and the views expressed by the author are just that; they are not the views of his clients, his firm or its clients, or anyone but for the author.
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