inversecondemnation.com: 5th Annual Hawaii Land Use Litigation Update

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November 17, 2017

5th Annual Hawaii Land Use Litigation Update - Hawaii State Bar Association

For those of you who want to listen only,
stream the audio below, or download the mp3 here.

Every year, our partners (and land use and property law mavens) Greg Kugle and Mark M. Murakami present a one-hour tour-de-force update on litigation essentials in their field of practice to the Hawaii State Bar Association's Real Property and Financial Services Section.

Links to the cases they discussed today (and more) are in the handout and below.

Watch, listen, and learn.

2017 Litigation Update - Hawaii State Bar Association Real Property & Financial Services Section 11-17-2017...

Posted on November 17, 2017 in ▪ Appellate law, ▪ Eminent Domain | Condemnation, ▪ Environmental law, ▪ Inverse condemnation, ▪ Just Compensation | Appraisal, ▪ Land use law, ▪ Municipal & Local Govt law, ▪ Penn Central, ▪ Property rights, ▪ Rail, ▪ Redevelopment, ▪ Regulatory takings, ▪ Ripeness | Knick, ▪ Seminars | Conferences, ▪ Vacation rentals, ▪ Vested rights, ▪ Water rights | Public trust, ▪ Zoning & Planning | Permalink

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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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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)

Categories

▪ Co-19 (95)

▪ 42 U.S.C. § 1983 | Civil Rights (533)

▪ Administrative law (353)

▪ Agriculture (193)

▪ Appellate law (1663)

▪ Articles and publications (231)

▪ Attorneys Fees & Costs (120)

▪ Blight (56)

▪ Brigham-Kanner Conference (103)

▪ Civil Forfeiture (33)

▪ Court of Federal Claims | Federal Circuit (445)

▪ Development agreements (195)

▪ Due process (656)

▪ Eminent Domain | Condemnation (1564)

▪ Environmental law (751)

▪ Equal Protection (174)

▪ Floods and Flooding (48)

▪ Historic Preservation (2)

▪ Housing (10)

▪ Intellectual Property (2)

▪ Inverse condemnation (1566)

▪ Judicial Takings (107)

▪ Just Compensation | Appraisal (576)

▪ Land use law (1708)

▪ Municipal & Local Govt law (1362)

▪ Necessity (25)

▪ Nollan/Dolan | Exactions (413)

▪ Penn Central (496)

▪ Physical Invasion | Yee (54)

▪ Pipelines (117)

▪ Police Power (111)

▪ Property rights (2353)

▪ Property tax (95)

▪ Public Use | Kelo (849)

▪ Rail (171)

▪ Rails-to-Trails (140)

▪ Redevelopment (219)

▪ Regulatory takings (1905)

▪ Relocation | URA (87)

▪ Rent Control (154)

▪ Ripeness | Knick (537)

▪ RLUIPA | religious land use (96)

▪ Schadenfreude (85)

▪ Search and Seizure | 4A (5)

▪ Seminars | Conferences (522)

▪ Shoreline | CZMA (334)

▪ Sovereign Immunity | 11th Amendment (5)

▪ UIPA - Public Records Law (31)

▪ Vacation rentals (80)

▪ Vested rights (358)

▪ Voting rights | election law (150)

▪ Water rights | Public trust (350)

▪ Wildfires | Flooding (56)

▪ Zoning & Planning (668)

See More

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

Pennsylvania: "Used Together" In Larger Parcel Statute Means "One Purpose"

Cal Supreme Court Reviewing Necessity Challenge To Public Utility Takeover

New Report: "How to Protect Property Rights from Improperly Assessed Exactions" (Sweetland & Hodges)

CA6: The Predeprivation Hearing Required By Due Process Can't Just Exist On Paper (And An Informal, And Possibly Made-Up Chance To Negotiate Isn't Enough)

Who Cares Your "Evidence" Shows This Is Just An Old Part Of Chicago - All That Matters Is The City Says It's Historic

CA6: Property Owner Needs To Exhaust State Remedies Before Filing Takings Claim

Deer Me! No Property Interest In Deer, Even If You Possess Them

Today Is Hawaii's Secular Good Friday Holiday (Go Shopping!) - What's Up With That?

New Cert Petition (Michael Berger): Pleading Class-Of-One Equal Protection Claims

CA10: Takings Clause Means Never Having To Administratively Ask To Get Your Property Back

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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