inversecondemnation.com: Fed Court: City Failed To Consider Alternatives To Rail

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November 1, 2012

Fed Court: City Failed To Consider Alternatives To Rail

The U.S. District Court for the District of Hawaii (Circuit Judge A. Wallace Tashima sitting by designation, because the entire Hawaii district court bench is recused) has issued an Order on Cross-Motions for Summary Judgment in the federal challenge to the Honolulu rail project.

More to follow after a chance to read it.

Our past posts on the Honolulu Rail Project: start here.

Order on Cross-Motions for Summary Judgment, Honolulutraffic.com v. Federal Transit Admin., No. 11-00307 AW...

Posted on November 1, 2012 in ▪ Environmental law, ▪ Land use law, ▪ Rail, ▪ Zoning & Planning | Permalink

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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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ALI-CLE Conference

Information about the 41st Eminent Domain & Land Valuation Litigation Conference, New Orleans, LA, Jan 31-Feb 3, 2024 (and the 2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, and 2015 Austin, Scottsdale, Online, Nashville, Palm Springs, Charleston, San Diego, Austin, and San Francisco Conferences)

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books & articles

Sublimating Municipal Home Rule and Separation of Powers in Knick v. Township of Scott, 47 Fordham Urb. L.J. 509 (2020)

Restatement (SCOTUS) of Property: What Happened to Use in Murr v. Wisconsin?, 87 UMKC L. Rev. 891 (2019)

The Law of Eminent Domain - A Fifty State Survey (ABA 2011)

Eminent Domain - A Handbook of Condemnation Law (ABA 2011)

Local Govt and the First Amendment at the Supreme Court: Legislative Voting as "Speech" and Union Grievances as "Petitions", 35 State & Local Law News (Fall 2011)

Supreme Court Preview: Voting as Speech When a Government Official Has a Conflict of Interest - "Analogy Gone Wild" or First Amendment Right?, 34 Zoning & Planning L. Rptr. (Apr. 2011)

Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010)

Recent Developments in Challenging the Right to Take in Eminent Domain, 42 Urban Lawyer 693 (Summer 2010)

At the Cutting Edge 2009: Land Use Law from The Urban Lawyer (D. Merriam, ed. 2010)

Drawing a Line in the Sand:Stop the Beach Renourishment, Inc. v. Forida Dep't of Envtl. Protection, 33 State & Local Law News 8 (Jan. 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)

Get a copy of my U.Hawaii Law Review article Arrow of Time: Vested Rights, Zoning Estoppel, and Development Agreements in Hawaii (Feb. 2006)

Because They Can: Judicially Excising the People from the Definition of “County” in the Hawaii Constitution, 31 State & Local Law News 9 (Apr. 2008)

reviews

Names on the Land (2008)

Battle For Brooklyn (Rumur Films 2011)

The Castle (Australia 1997)

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

ALL 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

Can One Government Official Really Hold Up Necessary Water Uses? The Hawaii Public Water Trust In Action

This Was Not Written For Chiefs! Happy Constitution Day From One Named Kirk

Green Backs And Land: Dr. Seuss (Thor Hearne) Explains Trails Act Takings

CA8: 11th Amendment Trumps The Fifth Amendment - Just Because Just Compensation Is A "Self-Executing" Federal Remedy Doesn't Mean You Get To Come To *Federal* Court

Wine And Takings > Wine And Cheese

CA6: In Home Equity Theft Taking, Just Compensation Is The Excess The Government Kept, Not The Value Of The Foreclosed Home

ALI-CLE's Eminent Domain & Land Valuation Litigation Conference (Feb 1-3, 2024, New Orleans): Why Attend? Here's Why.

Maine: To Avoid A Judicial Taking, We're Not Going To Alter Common Law - Property Owner May Remove Parts Of Neighbor's Encroaching Tree

Asserting His Property Right To Exclude "toxic fecal matter," Joe Montana Sues San Francisco For Inverse Condemnation

New Cert Petition: California's Escheat Procedures Cheat Due Process (And Take Property To Boot)

live blog archive

Judge McKenna Senate Hearing (2/4/2011)
Justice Alito's Remarks to Hawaii Bar: Ten Things You May Not Know About The U.S. Supreme Court (1/26/2011)
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)
Hawaii SuperFerry II (HAWSCT, 12/18/2008)

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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This blog is not legal advice. But come on man, 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. Nor should you rely on the posts or comments for counsel on your situation. For legal advice, please retain an attorney licensed in your jurisdiction.
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