In a lengthy opinion, the Hawaii Intermediate Court of Appeals in Pono v. Molokai Ranch, Ltd., No. 28359 (Oct. 21, 2008), held that the State Land Use Law, Haw. Rev. Stat. ch. 205, does not create a private right of action allowing for non-governmental enforcement of the law. The court also held there is no private right of action to enforce the Molokai Community Plan.
Judge Foley concurred, and would have held that the plaintiff did not exhaust its administrative remedies because it did not appeal the Public Works Director's decision to the Board of Variances and Appeals.
Disclosure: my Damon Key colleagues Greg Kugle and Ken Kupchak represented Molokai Ranch.
More to follow after a chance to digest the opinion.
this blog is...
- devoted to recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and land use law.
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- Robert H. Thomas is a lawyer focusing on property, takings, eminent domain, and appellate law
He also serves as the Joseph T. Waldo Visiting Chair in Property Rights Law at the William & Mary Law School in Williamsburg, Virginia.
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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)
reviews
- Names on the Land (2008)
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)
podcasts
- IJ's "Bound by Oath" Podcast, Ep. 9: Excessive Fines, 14th Amendment Incorporation (And The Just Compensation Clause) We Join IJ's "Short Circuit" Podcast To Talk Virginia Oyster Takings, Colorado Wild Eminent Domain Abuse Cert Petition, And Berman International Eminent Domain Podcast Interviews William & Mary Law Students Clint Schumacher's Eminent Domain Podcast Is Back - Six Degrees Of Williamson County Ripeness ... And Elvis Clint Schumacher's New Eminent Domain Podcast Podcast: Interview With Ted Balaker, Producer Of The Upcoming Kelo Movie "Little Pink House" 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 Case
The 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)
Recent Posts
- Two New Cert Petitions (Ours) - 50 Years Of Fruitless Trying Is Enough: Overrule Or Clarify Penn Central!
- New Article (Note): "Taking Old Ladies’ Homes: A Comparative Exploration of Eminent Domain in Islamic Law," 138 Harv. L. Rev. 841 (2025)
- NJ's Forfeiture Statute Is A Taking Of Surplus Home Equity
- CA8 Misses An Opportunity For Penn Central Clarity: No Taking When City Bans New Private Wells, Requires City Water
- Breaking News: Come Join Us For The 42d ALI-CLE Eminent Domain & Land Valuation Litigation Conference, San Diego, Jan 30-Feb 1
- New Article: Timothy Harris, "Revisiting Palazzolo: The Blurry Lines Between Ripeness and Standing that Enable Windfalls," 73 Kan. L. Rev. 289 (2024)
- Iowa: Mandatory Inspection Of Rental Units Without A Warrant Is Not Facially Unconstitutional, Because Private Inspectors Might Barge In
- Announcement: State & Local Govt Law Writing Competition
- Montana: It Doesn't Take Much To Allege An Inverse/Takings Claim (Nor Should It)
- New Article: Timothy Sandefur, "Eminent Domain in the Constitutions of Arizona, Washington, and Other States," 18 N.Y.U. J.L. & Liberty 167 (2024)
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
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