Real Estate & Property Law

Another "Ceded Lands" Case Round-Up

Posted on February 24, 2009
U.S. Supreme Court cases -- especially when they arise in your back yard -- always garner a lot of attention, and the ceded lands case being argued on Wednesday, February 25 is no exception. Here's a run down of the...

Report On Oral Arguments In Atlantic Yards Eminent Domain Appeal

Posted on February 24, 2009
Atlantic Yards Reports post this summary of the recent oral arguments in the appeal in the state court fight over the massive redevelopment project in Brooklyn. More on the case here and here.

The Latest On The "Ceded Lands" Case

Posted on February 24, 2009
We will be posting the transcript -- perhaps with some analysis thrown in -- of tomorrow's Supreme Court oral arguments as soon as it becomes available, but in the meantime, here is the latest: David Shapiro posts "Senate sends mixed...

Cert Denied In California Nollan/Dolan $5.3 Million Seawall "Mitigation Fee" Case

Posted on February 24, 2009
Thanks to James Lawlor of the Land Use Legal Report for letting us know that the U.S. Supreme Court has declined to review Ocean Harbor Homeowners Ass'n v. California Coastal Comm'n, 163 Cal. App. 4th 215, 77 Cal. Rptr. 432...

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Hawaii House Passes Resolution Urging "Withdrawal" Of The "Ceded Lands" Case

Posted on February 23, 2009
Thanks to @georgettedeemer, the Communications Director of the Hawaii House of Representatives for getting word out that the Hawaii House has passed S.C.R. No. 40, a resolution "Urging the Governor and the Attorney General to withdraw the appeal to the...

Cert Denied In Ripeness And Penn Central Case

Posted on February 23, 2009
It's easy to blog a case when you or your colleagues win it, and we've had plenty to talk about lately in that department in eminent domain and zoning law. On the other hand, it's not so easy to write...

Eminent Domain Round-Up

Posted on February 23, 2009
Eminent domain in the news: From the Virginian-Pilot comes "Government's power to take private property to go on trial," about a property owner's objection to a redevelopment taking: It's a stark contrast between new and old, progress and past. The...

Obama Administration Granted SCOTUS Face Time In "Ceded Lands" case

Posted on February 21, 2009
Although it was mostly a formality, the US Supreme Court today granted the acting US Solicitor General's motion to present oral argument and for divided oral argument in the "ceded lands" case at next week's arguments. The Obama Administration had...

"Ceded Lands" Case, Land Use Round-Up

Posted on February 21, 2009
text here Oral Argument in Atlantic Yards Eminent Domain Case Monday - the latest chapter in Brooklyn's "Atlantic Yards" redevelopment project (via Gowanus Lounge). More on the arguments from Atlantic Yards Report here. Hawaiians urge Obama to step in on...

County Of Hawaii "Fair Share"/Impact Fees - What Did The Court Decide?

Posted on February 21, 2009
Thanks to Kona Blogger Aaron Stene for pointing out an article from West Hawaii Today, "County lawyers say fair share legal." The article reports: Council members who say Judge Ronald Ibarra's 2007 ruling in a contested condemnation case invalidated the...

SCOTUSblog's Preview Of The "Ceded Lands" Oral Arguments

Posted on February 20, 2009
SCOTUSblog posts "Argument Preview: Hawaii v. Office of Hawaiian Affairs," which is a summary of the case and the briefs of the parties:This case has attracted considerable attention. Including the United States?s brief, seven amicus briefs were filed in support...

Materials From 2/20/2009 Land Use Seminar

Posted on February 20, 2009
Here are the links to the cases that I spoke about in my session in today's seminar "Supreme Court, Regulatory Takings and Eminent Domain Update. Not all of the cases we discussed today are included below, so if you would...

"Ceded Lands" Case Round-Up

Posted on February 19, 2009
As the Supreme Court oral argument in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008), draws nigh, public interest in the case is peaking. We will be covering the arguments, which...

Federal Government's Brief In Opposition In AmeriSource: Is Destruction of Evidence Seized From Innocent Third Party A Taking?

Posted on February 18, 2009
The Solicitor General has filed the United States' Brief in Opposition in AmeriSource Corp. v. United States, No. 08-497 (cert. petition filed Oct. 15, 2008). In that case, a pharmaceutical company whose legal prescription drugs were seized as evidence against...

State & Local Government Condemnation Committee Links

Posted on February 18, 2009
Here are links to some of the cases discussed on the conference call this morning: Charles A. Pratt Constr. Co. v. California Coastal Comm'n (cert petition on Williamson County and Penn Central) Aspen Creek Estates, Ltd. v. Town of Brookhaven...

New York Court Of Appeals: No Need For A Comprehensive Taking Plan

Posted on February 17, 2009
In a brief memorandum opinion, the New York Court of Appeals (the state's highest court) today affirmed the Appellate Division's decision in Aspen Creek Estates, Ltd. v. Town of Brookhaven, a case challenging a municipality's ability to take property for...

Land Use Round-Up

Posted on February 17, 2009
Some interesting reports filtering across my screen today: Thanks to Charley Foster for sending notice about a post at Volokh Conspiracy about whether the Takings Clause was incorporated against the states by the Due Process Clause, "Regulatory Takings and the...

Federalist Society Debate On Akaka Bill And Apology Resolution

Posted on February 16, 2009
The Federalist Society has posted audio of a January 24, 2009 debate -- The Apology Resolutions and the Akaka Bill -- between Professor Gail Heriot and Professor Davianna McGregor which was held at the recent Western Conference at the Reagan...

Cal. Court of Appeal: No Public Use In "Case Of Condemn First, Decide What To Do With The Property Later"

Posted on February 14, 2009
A very important decision by California's Third District Court of Appeal, exposing the fantasy behind the Kelo majority's conclusion that decisions to take property are most often the result of an objective process and comprehensive and carefully considered planning...

Pretext In Compensation Determinations: 11th Circuit Holds Landowner's Burden To Show Government Intent To Depress Value By Regulation

Posted on February 13, 2009
In United States v. 480.00 Acres of Land, No. 07-13584 (Feb. 11, 2009), the US Court of Appeals for the Eleventh Circuit (which covers Alabama, Florida, and Georgia), held "in order for a fact finding body to ignore a regulation...

"Ceded Lands" Case Debate: Did The Hawaii Supreme Court Rewrite The Terms By Which Hawaii Became The 50th State?

Posted on February 12, 2009
The Hawaii Federalist Society sponsored a debate today at the University of Hawaii Law School on issues in the ceded lands case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008). One one side, U.H. lawprof...

Property Owner's Blog: My Land is Mine

Posted on February 11, 2009
It looks the one of the landowners under the threat of eminent domain in New York City's Manhattanville (aka West Harlem) neighborhood has a blog about his fight. Check out My Land is Mine, with posts by Nick Sprayregen, owner...

Hawaii Appellate Courts - New RSS Feed

Posted on February 11, 2009
Thanks to Damon Key colleague and fellow law blogger Mark Murakami for letting us know about the new RSS feed launched by the Hawaii appellate courts. The feed contains links to newly published opinions, memorandum opinions, summary disposition orders, grants...

Legal Information Institute's Summary Of "Ceded Lands" Case

Posted on February 10, 2009
The Legal Information Institute at Cornell Law School -- which previews of U.S. Supreme Court cases -- has published its summary of the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008). The...

CFC: Trial Needed On Whether Wrongful Assertion Of Clean Water Act Jurisdiction Is "Extraordinary Delay"

Posted on February 10, 2009
Head's up on an interesting case from the Court of Federal Claims, Resource Investments, Inc. v. United States, No. 98-419L (Court of Federal Claims, Jan. 23, 2009), a massive opinion (84 single-spaced pages) with what at first glance seems to...

Upcoming Seminar: Zoning, Subdivision And Land Development Law

Posted on February 09, 2009
There's still time to register for the Zoning, Subdivision and Land Development Law seminar, to be held in Honolulu on February 20, 2009. I'm presenting a session on "U.S. Supreme Court, Regulatory Takings and Eminent Domain Update." My Damon Key...

Zoning And Land Use Round-Up

Posted on February 09, 2009
A collection of interesting reports on land use and zoning topics: Mission residents reject American Apparel (San Francisco Chronicle) - "Congratulations to the residents of Valencia Street. After a rowdy and sometimes misleading campaign, they managed to stop American Apparel...

State Of Hawaii's Reply Brief In SCOTUS "Ceded Lands" Case

Posted on February 09, 2009
The State has filed the final brief in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008), available here. The State argues that the Office of Hawaiian Affairs' (and a majority of...

Kelo Backlash: Media Hype?

Posted on February 07, 2009
In "Positioning Politics: Kelo, Eminent Domain, and the Press," an article in "Land and Power: The Impact of Eminent Domain in Urban Communities," published by the Policy Research Institute for the Region (Princeton), the author asserts that the reporting on...

Ninth Circuit In Honolulu Next Week

Posted on February 06, 2009
A panel of the Ninth Circuit (Judges Reinhardt, Brunetti, and Thomas) is riding circuit to Honolulu next week and will be hearing oral arguments at the downtown courtroom as well as at the U. Hawaii Law School. The court's calendar...

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