temporary takings

Be sure to check out the North Carolina Court of Appeals’ recent opinion in LDI Shallotte 197 Holdings, LLC v. North Carolina, No. COA24-443 (Jan. 21, 2026), where the court held the plaintiff’s allegation that a two-year delay in the State issuing a permit adequately pleaded a temporary taking claim. The court reversed the dismissal of the complaint. …
Continue Reading NC App: Two-Year Permit Delay Could Be A Temporary Taking

In a case we’ve been following for what seems like forever, the Hawaii Supreme Court has issued an opinion in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. SCWC-19-0000776 (Sep. 17, 2025), holding that littoral property owners are owed nothing for the temporary regulatory taking of small portions of accreted beach.…

Continue Reading Hawaii Supreme Court: Beachfront Property Is Worthless