Real Estate & Property Law

Cato Institute Video Explaining Kelo

Posted on March 18, 2009
"Susette Kelo's legal battle with New London, Conn. brought about one of the most controversial and troubling Supreme Court rulings in many many years. But her fight also spurred a backlash among property owners and state legislatures. Dozens of states...

HAWSCT Agrees To Review Case About Planning Director's Authority And Nonconforming Uses

Posted on March 18, 2009
The Hawaii Supreme Court has accepted an application for writ of certiorari to review the Intermediate Court of Appeals' decision in Save Diamond Head Waters LLC v. Hans Hedemann Surf, Inc., No. 27804 (Haw. ICA Dec. 19, 2008). In that...

Coming Attraction: Superferry Part II

Posted on March 17, 2009
We've read all 124 pages of the Hawaii Supreme Court's opinion and the concurring opinion in the "Hawaii Superferry" case, Sierra Club v. State Dep't of Transportation, No. 29035 (March 16, 2009), and will post about it soon. In the...

Conference: ABA Section Of State & Local Government Law Virtual Spring Meeting

Posted on March 17, 2009
Instead of an in-person Spring Meeting this year, the ABA Section of State & Local Government Law will be "meeting" virtually from March 31-April 2, 2009. As part of the meeting, the Section will be featuring a series of teleconference...

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A Lucasesque View Of The Superferry Saga

Posted on March 17, 2009
The saga of the Hawaii Superferry has always seemed to be touched by George Lucas. A certain segment of Hawaii's population has from the get-go considered the interisland vehicle ferry as nothing less than the Death Star: a whale-killer, a...

More On "Little Pink House"

Posted on March 15, 2009
Little Pink House - A True Story of Defiance and Courage, the recently-published book about the infamous 2005 eminent domain case Kelo v. City of New London, 545 U.S. 469 (2005) (available from Amazon here), is generating interest: From CSPAN-2's...

Preview of "Battle of Brooklyn" Doc About Atlantic Yards

Posted on March 13, 2009
A teaser for The Battle of Brooklyn, produced by the Moving Picture Institute (which "nurtures promising filmmakers who are committed to protecting and sustaining a free society") about the ongoing redevelopment dispute in Brooklyn over the Atlantic Yards project...

Federal Circuit: Eggonomic Impact Not Eggregious Enough To Require Feds To Shell Out Compensation

Posted on March 13, 2009
Okay, we've decided to surrender to temptation and let fly with bad (and obvious) egg puns. But at least they're out of our system in the beginning. After that, no more yolks. We promise. In Rose Acre Farms, Inc. v....

New Chief Judge For The Court Of Federal Claims

Posted on March 13, 2009
According to this story from the BLT (Blog of Legal Times), President Obama has appointed Judge Emily C. Hewitt as the new Chief Judge of the Court of Federal Claims. This is of interest to readers of this blog, of...

NY Times Sunday Book Review Of "Liitle Pink House"

Posted on March 13, 2009
Thanks to Dwight Merriam for the heads-up on "Driven Out," the upcoming New York Times book review of Little Pink House - A True Story of Defiance and Courage, about the infamous 2005 eminent domain case Kelo v. City of...

Impact Fees And "Fair Share" Guest Commentary: "Who Pays For Impacts: You Do"

Posted on March 09, 2009
Thank you to Kamuela attorney Margaret Wille for allowing us to post the commentary she published in West Hawaii Today (Mar. 7, 2009), but which is not available on line. Posting on inversecondemnation.com is not an endorsement of the views...

Eminent Domain Round-Up

Posted on March 09, 2009
A few of the items recently crossing my screen about one of our favorite subjects, eminent domain: A review of "Little Pink House," the recently-published book about the Kelo case (available from Amazon here) from the New Haven Independent. I...

Might Makes Blight In The New York Appellate Division

Posted on March 08, 2009
Develop Don't Destroy 104597/07 (Brooklyn) v. Urban Dev. Corp., 2009 NY Slip Op 01395 (Feb. 26, 2009) is the latest decision involving Brooklyn's Atlantic Yards redevelopment project. See "A Hole Grows In Brooklyn" from the Wall Street Journal for more...

More Amicus Briefs In Empress Casino (Can The Gov't "Take" Money?)

Posted on March 06, 2009
Two more amicus briefs supporting the petitioner in Empress Casino Joliet Corp. v. Giannoulias, No. 08-945 (cert. petition filed Jan. 21, 2009) are available. In that case, the Illinois Supreme Court held (896 N.E.2d 277 (Ill. 2008) that a regulation...

New Cert Petition - Corps' Clean Water Jurisdiction Determination Is Reviewable Now

Posted on March 03, 2009

Federal Circuit Denies En Banc Review In Casitas

Posted on March 03, 2009

First Circuit: Williamson County Applies To Eminent Domain Challenges

Posted on March 02, 2009

Cal. Court of Appeal Strikes Down Out-Of-Proportion In-Lieu Affordable Housing Exaction

Posted on March 02, 2009

Is Robbing Peter To Pay Paul A Taking?

Posted on March 02, 2009

Weekend Round-Up

Posted on February 28, 2009

Argument To SCOTUS: "Don't Taze Me, Bro!" -- What Was Really Going On In The "Ceded Lands" Oral Arguments?

Posted on February 27, 2009

New Cert Petition: The Government Can "Take" Money

Posted on February 27, 2009

New Eminent Domain Book: Current Condemnation Law: Takings, Compensation & Benefits (2d ed.)

Posted on February 26, 2009
A recent book of interest to condemnation lawyers, Current Condemnation Law: Takings, Compensation & Benefits (2d ed.). The book is co-edited by my Owner's Counsel of America colleague Alan T. Ackerman. (He also has a blog about eminent domain issues...

"Ceded Lands" Case Information

Posted on February 26, 2009
If you're looking for information about the "ceded lands" case, start here.

State's Argument In SCOTUS "Ceded Lands" Case

Posted on February 25, 2009
The transcript of today's oral arguments in the "ceded lands" case is posted here. Hawaii Attorney General Mark Bennett argued for the State. He began by asserting that the Apology Resolution did not alter the state's right to transfer the...

Oral Argument in "Ceded Lands" Case - Transcript And Summary

Posted on February 25, 2009
The Supreme Court's courtroom reporter has provided the raw transcript of today's oral arguments in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008. The transcript is posted here. For a primer/FAQ...

Reply Brief In AmeriSource: Is Destruction of Evidence Seized From Innocent Third Party A Taking?

Posted on February 25, 2009
Thanks to Columbia lawprof Ronald Mann for forwarding his reply brief in AmeriSource Corp. v. United States, No. 08-497 (cert. petition filed Oct. 15, 2008). Responding to the arguments in the federal government's brief in opposition, the reply argues: The...

Federal Goverment's Arguments In SCOTUS "Ceded Lands" Case

Posted on February 25, 2009
This continues our summary of today's oral arguments in the "ceded lands" case. The summary of the state's argument is posted here, the summary of OHA's argument is posted here, and the transcript is posted here.What Issues Are Presented?Assistant to...

Zoning Permit Case Update

Posted on February 25, 2009
Here's the latest on the Kauai Springs cases. As reported in The Garden Island (Kauai's daily), the Kauai Planning Commission issued the remaining zoning permit -- "Final Kauai Springs permit approved." More than three years after first submitting permit applications...

OHA's Argument In SCOTUS "Ceded Lands" Case

Posted on February 25, 2009
This continues our summary of today's oral arguments in the "ceded lands" case. The summary of the state's argument is posted here, and the transcript is posted here. Washington, D.C. attorney Kannon Shanmugam argued for OHA. He began by asserting...

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