Real Estate & Property Law

New Article: Urban Revitalization and Eminent Domain: Misinterpreting Jane Jacobs

Posted on February 08, 2011
George Mason U. lawprof Steven J. Eagle is familiar to regular readers of this blog for authoring the seminal treatise Regulatory Takings, now in its fourth edition. Talk takings and you will invariably be dealing with his scholarship. Here's the...

Greg Kugle To Speak To HSBA On Shoreline Issues (2/18/2011)

Posted on February 07, 2011
On Friday, February 18, 2011 from noon to 1:00 p.m., my Damon Key colleague Greg Kugle will be speaking to the Hawaii State Bar Association's Real Property and Financial Services Section on Shoreline Issues. Greg chairs our firm's real estate...

Vermont Law Review: Essay Reflections From The Amicus Curiae In The Judicial Takings Case

Posted on February 07, 2011
As we noted here (when we posted our article), the latest issue of the Vermont Law Review deals with the U.S. Supreme Court's "judicial takings" case, Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, 130 S.Ct. 2592...

Super Bowl Sunday Links

Posted on February 06, 2011
For anyone not watching the game, here's your Sunday fix of items that do not involve football: The Institute for Justice -- the good people who represented Mrs. Kelo in Kelo v. City of New London, 545 U.S. 469 (2005)...

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Cert Petition Coming In Ninth Circuit Rent Control Takings Case (Guggenheim)

Posted on February 04, 2011
The last chapter in the Ninth Circuit's rent control saga has not been written. In Guggenheim v. City of Goleta, No. 06-56306 (Dec. 22, 2010), a sharply divided en banc NInth Circuit concluded that Goleta's mobile home rent control ordinance...

A Property Owner's View Of Eminent Domain

Posted on February 03, 2011
According to this site, several property owners in Tinicum Township, Pennsylvania, are subject to having their properties taken for expansion of the Philadelphia airport. One owner's objection has taken an unusual form -- he's written a song about it...

Federal Circuit: Tucker Act Not Available When Congress Provides Other Relief

Posted on February 03, 2011
In a case with "a lengthy procedural history spanning the past three decades and involving litigation in various federal courts," in Innovair Aviation Ltd. v. United States, No. 2010-5025 (Jan. 25, 2010), the United States Court of Appeals for the...

Best Plaintiff Group Name: Association of Irritated Residents

Posted on February 02, 2011
An opinion today from the U.S. Court of Appeals for the Ninth Circuit in Association of Irritated Residents v. Envt'l Protection Agency, No. 09-71414 (Feb. 2, 2011) The case involves whether the EPA properly approved revisions to California's State Implementation...

Wisconsin Supreme Court To Consider Litigation Expenses In Negotiated Condemnation Cases

Posted on February 02, 2011
According to this report, the Wisconsin Supreme Court has agreed to review Kelmm v. American Transmission Co., No. 2009AP2784 (Aug. 10, 2010) (a court of appeals' decision we noted here). In that case, the court of appeals held that in...

Tuesday Round-Up

Posted on February 01, 2011
What we are reading: Eminent Domain Taking of Private Sewer System Costs City Almost Nothing - from Massachusetts Land Use Monitor. A case wherein the government claimed that the taking of a private sewer line actually benefitted the owner since...

What's An Oscar, Emmy, Or Tony When Compared To A ZiPLeR?

Posted on February 01, 2011
Since this is the season for self-congratulatory industry awards, we can't overlook one of our industry's highest honors, the Zoning and Planning Law Report Land Use Decision Awards (aka the "ZiPLeRs"). For those of you who do not subscribe to...

Live Blog Of Judiciary Committee Hearing On Appointment Of Judge Sabrina McKenna To HAWSCT

Posted on February 01, 2011
On Friday, February 4, 2011, starting at 10 a.m. HST, we will be live blogging the Hawaii Senate Committee on Judiciary and Labor's hearing on the appointment of Judge Sabrina McKenna as an Associate Justice of the Hawaii Supreme Court....

Worth Reading: Law Review Comment On Hawaii's "Procedural Standing" Theory And The Superferry Case

Posted on January 31, 2011
U. Hawaii law student Stewart A. Yerton has published a comment in the most recent issue of the Asian-Pacific Law and Policy Journal, "Procedural Standing and the Hawaii Superferry Decision" How a Surfer, a Paddler, and an Orchid Farmer Aligned...

Hawaii Legislature Considering A Bill Requiring State Or Counties To Take Private Roads Upon Request By Adjacent Landowner

Posted on January 31, 2011
Check this out. The Hawaii Legislature is considering a bill requiring the State and the counties to take private roads, waterways, and water courses "upon request" of an adjacent landowner: (a) Upon request by the owner of land adjacent to...

"Now, What's The Use Of Having A Religion, If When You're Dead Your Troubles Never Cease..."

Posted on January 27, 2011
Hat tip: the Clancy Brothers' "They're Moving Father's Grave to Build a Sewer" (via Gideon Kanner). As we noted in our earlier post, life has imitated art: Chicago is seeking to take cemetery and move the graves in order to...

Cal Ct App: Inverse Condemnation Statute Of Limitations For Physical Taking Begins When Invasion Becomes Wrongful

Posted on January 27, 2011
In Cobb v. City of Stockton, No. C062328 (Jan. 26, 2011), the California Court of Appeal (3d District) concluded that the property owner's claim for inverse condemnation for a physical invasion of his property was not barred by California's five-year...

Live Blog Of Justice Alito's Remarks To The Hawaii Bar: "Top Things You May Not Know About the U.S. Supreme Court"

Posted on January 27, 2011
Update: Rebecca Copeland has posted a short summary of Justice Alito's remarks on her Record on Appeal blog here. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Join us later today at 4:30 p.m. HST (6:30 p.m. PST, 9:30 p.m. EST) for the live blog of U...

HSBA Requests Comments On HAWSCT Associate Justice Nominee Sabrina S. McKenna

Posted on January 27, 2011
Just received this email. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ To members of the HSBA: Governor Neil Abercrombie has announced today his first judicial nomination, subject to Senate confirmation: Sabrina Shizue McKenna as Associate Justice on the Hawai'i Supreme Court...

January 25, 2011: Live Blog Of Announcement Of HAWSCT Associate Justice Nominee

Posted on January 27, 2011
Update: Circuit Judge Sabrina McKenna has been appointed by Governor Abercrombie as an Associate Justice of the Hawaii Supreme Court. * * * * At noon Hawaii Standard Time on Tuesday, January 25, 2011, we'll be live blogging Hawaii Governor...

Book Signing: Regulating Paradise - Land Use Controls In Hawaii (2d ed. 2010)

Posted on January 27, 2011
For those of you who do not yet have your copy of University of Hawaii lawprof David L. Callies' recent book Regulating Paradise - Land Use Controls In Hawaii, here's your chance to get it signed by the author himself....

Justice Alito Is Coming To Town - Time To Re-Read His "Ceded Lands" Opinion

Posted on January 27, 2011
As noted by my blogging colleagues, U.S. Supreme Court Associate Justice Samuel Alito is coming to Honolulu next week to participate in the U.H. Law School's "jurist in residence" program, and to address the Bar. (Mark Murakami summarized several of....

Oral Argument Recording In HAWICA Case: Can Complainer Avoid The Administrative Process By An Original Jurisdiction Lawsuit?

Posted on January 27, 2011
As we noted in this post, last week the Hawaii Intermediate Court of Appeals heard arguments in Pavsek v. Sandvold, No. 29179. In that case, the court is considering whether a complainer can circumvent the City's enforcement procedures and the...

Time On Guggenheim - California Rent Control In The (Biased) Spotlight

Posted on January 27, 2011
In California Trailer Parks War: Owners Vs. Renters, Time magazine takes a look at the mobile home rent control issues behind the recent Ninth Circuit en banc opinion in Guggenheim v. City of Goleta (our resource page on the case...

Cases And Links From Today's Hawaii Land Use Conference Sessions On Coastal Issues And Water Law

Posted on January 27, 2011
To all of you who attended the first day of the Hawaii Land Use Conference today, thank you. As promised, here are the items I discussed during my two sessions: United States v. Milner, 583 F.3d 1174 (9th Cir. 2009)...

There's Still Time To Register And Attend The Fifth Hawaii Land Use Conference

Posted on January 27, 2011
This Thursday (January 13, 2011) I'll be leading two sessions at the fifth Hawaii Land Use Law conference at the Ala Moana Hotel in Honolulu. This conference takes place biannually, so this is your last chance until 2013 to get...

HAWICA Oral Argument: Can Complainer Avoid The Administrative Process By An Original Jurisdiction Lawsuit?

Posted on January 27, 2011
Starting at 10:00 a.m. on Wednesday, January 12, 2011, the Hawaii Intermediate Court of Appeals will hear oral arguments in Pavsek v. Sandvold, No. 29179. In that case, the court is considering whether a complainer can circumvent the City's enforcement...

Federal Circuit: Takings Claims By Navajo Nation Barred By Statute Of Limitations

Posted on January 27, 2011
In Navajo Nation v. United States, No. 2010-5036 (Jan. 10, 2011), the U.S. Court of Federal Claims concluded that the Nation's claim that a development moratorium resulted in a taking was barred by the six year statute of limitations. The...

Friday Round-Up: Takings Ripeness, Defining "Hawaiian" Cultural Practices, Penn Central, and Judicial Takings

Posted on January 27, 2011
What we're reading today: Tennessee Supreme Court Makes It Official: The U.S. Supreme Court Misread Tennessee Law in the Williamson County Case - Gideon Kanner on the latest twist in the regulatory takings ripeness mess. If you understand what the...

Is POTUS' Hawaiian Vacation Rental "Illegal?" Here's Official City Policy

Posted on January 27, 2011
Honolulu Civil Beat reports this exclusive "Obama's Winter White House an Illegal Rental" (complete CB stories are usually behind a paywall, but they've posted this one in its entirety). According to the Civil Beat story: President Barack Obama's two-week stay...

January 3, 2011: US District Court Remembrance For Judge Samuel P. King

Posted on January 27, 2011
Received the following announcement this morning: The US District Court, District of Hawaii, will be having a Remembrance Ceremony in honor of Judge Samuel P. King on January 3, 2011 at 3pm. The ceremony will be held in Judge Mollway's...

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