Real Estate & Property Law

Forbes On The SCOTUS "Ceded Lands" Case

Posted on February 06, 2009
Forbes.com posts "Supreme Court Cheat Sheet," summarizing "five business cases" pending in the Supreme Court worth following. Included among those cases are Hawaii's own "ceded lands" case. (Scroll 2/3 down the page .Also included is "In Pictures: Five Cases to...

Even More On Hawaii County's Impact Fee ... Whoops, I Mean "Fair Share"

Posted on February 05, 2009
Thanks to Kona Blogger Aaron Stene for sending this next item my way, a follow up to the previous two days' reports from West Hawaii Today (posted here and here) about Hawaii County's so-called "fair share" exaction system. In "Council...

More On Hawaii County's "Fair Share" Impact Fees

Posted on February 04, 2009
Following up on yesterday's post about the West Hawaii Today series on the legality of Hawaii County's "fair share" impact fee system, the paper posts two stories about the issue:Council members divided on fair share (noting that several council members...

USSG's Motion To Participate In Oral Argument In "Ceded Lands" Case

Posted on February 04, 2009
Following up on the earlier post New SG Unlikely To Alter Fed Gov't's SCOTUS Arguments In Ceded Lands Case, which noted that the new Solicitor General has sought leave from the Supreme Court to participate in oral argument and for...

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Florida Takings Links

Posted on February 03, 2009
Florida's appellate courts have been active lately in the regulatory takings arena. Here are links to summaries and analysis of the decisions. First, from the Florida Land Use Law blog: 5th DCA - Landmark Takings Case: Off Site Exaction a...

New SG Unlikely To Alter Fed Gov't's SCOTUS Arguments In Ceded Lands Case

Posted on February 03, 2009
Several people have wondered whether the change in presidential administrations may alter the federal government's position supporting the State of Hawaii in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct...

West Hawaii Today Series: Is County Practice [About "Fair Share" And Impact Fees] Legal?

Posted on February 03, 2009
Worthwhile article today from West Hawaii Today (the daily newspaper of the Kona side of the Big Island), "Is county practice legal?" The story details the County's practice of demanding "fair share" payments from property owners and developers who wish...

Further Amicus Briefs Supporting OHA In The "Ceded Lands" Case

Posted on February 03, 2009
Two more amicus briefs in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008): Sovereign Councils of the Hawaiian Homelands Assembly, Na A Ahuhiwa, the Native Hawaiian Bar Association, Hui Kakoo Aina...

West Hawaii Today Series: Is County ["Fair Share" And Impact Fee] Practice Legal?

Posted on February 03, 2009
Worthwhile article today from West Hawaii Today (the daily newspaper of the Kona side of the Big Island), "Is county practice legal?" The story details the County's practice of demanding "fair share" payments from property owners and developers who wish...

Florida Regulatory Takings Links

Posted on February 03, 2009
Florida's appellate courts have been active lately in the regulatory takings arena. Here are links to summaries and analysis of the decisions. First, from the Florida Land Use Law blog: 5th DCA - Landmark Takings Case: Off Site Exaction a...

Federal Circuit To Bikini Islanders: Get In Line Behind The Auto Companies, The Banks, And Executive Bonuses

Posted on January 30, 2009
How's this for a raw deal: not only does the federal government seize both your land and your home, but it also takes your entire country with the intention of detonating multiple thermonuclear weapons where you once lived. Meaning you...

"Ceded Lands" Case Update: Solicitor General Seeks Participation, More Amicus Briefs

Posted on January 30, 2009
Here's the latest developments in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008): The U.S. Solicitor General, who filed an amicus brief supporting the State of Hawaii's arguments, has asked the....

CFC: No Taking Of Attorney's Contingency Fee Agreement By Congressional Limitation Of Fees

Posted on January 30, 2009
In Zaid v. United States, No. 08-020C (Jan 22, 2009), the Court of Federal Claims held that an attorney who had a one-third contingent fee arrangement with his client did not have a claim for a taking when Congress placed...

"Ceded Lands" Case Update: More Amicus Briefs, Solicitor General Seeks Oral Argument Participation

Posted on January 30, 2009
Here's the latest developments in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008): The U.S. Solicitor General, whose predecessor filed an amicus brief supporting the State of Hawaii's arguments, has asked...

No Cal. Supreme Court Review Of San Francisco Redevelopment Initiative

Posted on January 29, 2009
According to this report from the San Francisco Chronicle, the California Supreme Court has denied review of Defend Bayview Hunters Point Committee v. City and County of San Francisco, 167 Cal. App. 4th, 84 Cal. Rptr. 3d 486 (Cal. Ct....

Cal. Supreme Court Won't Review San Francisco Redevelopment Initiative

Posted on January 29, 2009
According to this report from the San Francisco Chronicle, the California Supreme Court has denied review of Defend Bayview Hunters Point Committee v. City and County of San Francisco, 167 Cal. App. 4th, 84 Cal. Rptr. 3d 486 (Cal. Ct....

Cato Institute Podcast: A Story Of Eminent Domain Abuse Featuring Susette Kelo

Posted on January 28, 2009
Thanks to Charley Foster for pointing out this podcast of Susette Kelo's recent appearance at the Cato Institute's forum about the book Little Pink House: A True Story of Defiance and Courage, by Jeff Benedict (available from Amazon here): The...

Columbia Takes Manhattan(ville) Update

Posted on January 27, 2009
Columbia University in the City of New York (as it calls itself -- is there another?), one of my alma maters, has gone into the eminent domain business (as noted in this post), and is acting on its plans to...

Latest Developments In Maui Affordable Housing Exaction Case

Posted on January 27, 2009
For a while now, we've been meaning to post the latest order in the Maui affordable housing case from the U.S. District Court, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.), but for one reason...

Hawaii Governor On The SCOTUS "Ceded Lands" Case

Posted on January 26, 2009
In her state of the state address today, Hawaii Governor Linda Lingle had this to say about the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008):Before concluding I want to take a...

Schedule In Kona Eminent Domain Pretext Case

Posted on January 24, 2009
The circuit court has scheduled the next steps in County of Hawaii v. C & J Coupe Family Limited Partnership, No. 28882 (Haw. Dec. 24, 2008), the case in which the Hawaii Supreme Court held that the government must pay...

California Court of Appeal: No TKO Of Eminent Domain Challenge (Video)

Posted on January 23, 2009
A delay in publication of a legal notice won't knock out a challenge to the legality of a city's blight designation. In Community Youth Athletic Center v. City of National City, No. D052584 (Jan. 22, 2009), the California Fourth District...

OHA Brief In Ceded Lands Case

Posted on January 23, 2009
The Office of Hawaiian Affairs has filed its Brief for the Respondents in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008). The U.S. Supreme Court is reviewing the Hawaii Supreme Court's...

Reply In Support Of Petition In Pratt v. Cal. Coastal Comm'n - Penn Central And Williamson County

Posted on January 23, 2009
The property owner has filed its Reply in Support of Petition for a Writ of Certiorari in Charles A. Pratt Const. Co. v. California Coastal Comm'n, No. 08-668 (cert. petition filed Nov. 18, 2008) (SCOTUS docket report here). The petition...

Federal Circuit: No Taking For Forest Fire

Posted on January 21, 2009
In a case we first analyzed here when the lawsuit was dismissed by the Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit in Cary v. United States, No. 2008-5022 (Jan. 16, 2009) held that the...

Ceded Lands Case Debate - Feb. 12, 2009 - U Hawaii Law School

Posted on January 21, 2009
Mark your calendars for Thursday, February 12, 2009. That's the date the Hawaii Federalist Society is sponsoring a debate on the ceded lands case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008),. The case is...

Cal. Court of Appeals Revisits (Sort of) Landgate: Of Regulatory Takings, Means-End Analysis, and Due Process

Posted on January 20, 2009
In a lengthy (70 page) opinion, the California Court of Appeals (Sixth District), in Shaw v. County of Santa Cruz, No. H031108 (filed Dec. 19, 2008, ordered published Jan. 16, 2009), held that the government's denial of a ministerial permit...

Mortgage Modification As A Taking

Posted on January 20, 2009
Worth reading: Government's Promise: Taking Away Property?, commentary from U. Chicago lawprof Randy Picker on a NY Times editorial which argues "[t]he first step toward providing the [economic] relief is to include in the package a measure to allow hard-pressed...

A Blustery Day Office Swag Contest

Posted on January 16, 2009
In the winter, everywhere else has "snow days." But Hawaii -- obviously -- has not. We have "windy days." Very windy days. Today is one of those days. Schools closed. Sporting events canceled. People evacuated. Even the state courts are...

State & Local Government Condemnation Committee Links

Posted on January 15, 2009
Here are links to the cases discussed on the conference call this morning: County of Hawaii v. C & J Coupe Family Limited Partnership, No. 28882 (Dec. 24, 2008) - public use, pretext, and damages for failed taking The majority...

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