Real Estate & Property Law

Williamson County Illustrated: You're Either Too Early, or You're Too Late

Posted on February 12, 2008
Thanks to Professor Patty Salkin for calling attention to a recent case from a Missouri federal court that provides a good (if that word can be used) illustration of the weird shell game that is played by the federal courts...

County Withdraws Motion to Dismiss Land Use Civil Rights Complaint

Posted on February 10, 2008
The Garden Island reports that a property owner's appeal of the County of Kauai's approval of its permits with allegedly illegal conditions is going forward after the County withdrew its motion to dismiss. The County Attorney?s Office filed for the...

The Right to Exclude Others From Gated Communities

Posted on February 09, 2008
The Garden Island reports that the Kauai County Council is considering a ban on "gated communities" -- A stalled plan to ban gated communities should return to County Council?s agenda by the end of February, Mayor Bryan Baptiste said yesterday....

Land Use Round Up

Posted on February 08, 2008
A collection of interesting stories and posts regarding land use law: West Hawaii Today reports on a brewing dispute over the definition of land uses. When is a use of land that involves golf balls and golf clubs not a...

To access this complete feed in the blog feed reader login or register for free.

Nonconforming Uses and "Grandfathering" of Land Uses

Posted on February 07, 2008
I promised back in this post to digest the Hawaii Supreme Court's opinion in Colony Surf, Ltd. v. Director of the Dep't of Planning and Permitting, No 26037 (Dec. 26, 2007). However, because the opinion is so opaque it is...

Pleading Kelo Pretext: What About Justice Kennedy?

Posted on February 06, 2008
In Goldstein v. Pataki, No. 07-2537-cv (Feb. 1, 2008), the US Court of Appeals for the Second Circuit held that a property owner failed to state a claim for Kelo "pretext." While paying lip service to the notion that in...

Federal Circuit: No Taking Due to "Federal Beet Lien Servitude"

Posted on February 06, 2008
In Bair v. United States, No. 2007-5049 (Feb. 5, 2008), the US Court of Appeals for the Federal Circuit held that a federal statute that effectively wiped out liens possessed by beet growers was not a taking. The court held...

Justice Breyer on Judicial Independence

Posted on February 04, 2008
My colleague Mark Murakami has posted a summary of a recent speech by US Supreme Court Associate Justice Stephen Breyer on hawaiioceanlaw.com: So, what is judicial independence? He said that every judge knows what it means, some lawyers do, and,...

Federal Equal Protection Land Use Case Filed

Posted on February 01, 2008
A complaint has been filed in U.S. District Court against the mayor of Kauai County, the county Department of Planning, and the Planning Commission over the Coconut Beach development. The complaint seeks relief for violations of equal protection, and federal...

Setting the Record Straight in Eminent Domain Battle

Posted on January 28, 2008
Check out this site, www.branfordtaborrecord.com. It's published by the property owners in a Connecticut eminent domain fight, and contains the entire trial record. More on the case and the $12.4 million jury verdict from the New York Times here.

Butterfly Effects and Environmental Impact Statements

Posted on January 25, 2008
The Honolulu Advertiser reports that the Chamber of Commerce of Hawaii is advocating in favor of a bill limiting the "use" of a state or county road as a trigger to chapter 343 environmental review: The state Department of Transportation,...

Post-Kelo Reform Panel Discussion

Posted on January 23, 2008
The Federalist Society has posted video and audio files of the January 3, 2008 faculty panel on post-Kelo reform. Video is below, audio posted here (21mb mp3).

Eminent Domain and Land Use Round-up

Posted on January 18, 2008
Professor Gideon Kanner comments on the Ninth Circuit's recent Matsuda case in "When is an Unenforceable Contract to Condemn, Enforceable?." I commented on the decision here and here. Today's oral arguments in Missouri Supreme Court in the Tourkakis appeal, a...

Somin on Kanner on Toobin on Kelo

Posted on January 18, 2008
An interesting discussion is going on over at Volokh Conspiracy about Professor Gideon Kanner's critique (posted here and here) of journalist Jeffrey Toobin's new book on the Supreme Court, particularly the section dismissing the reaction to Kelo as the product...

Amendariz: "You're Dead Son. Get Yourself Buried."

Posted on January 17, 2008
Are rumors of the demise of the Ninth Circuit's Armendariz doctrine greatly exaggerated, or is J.J. Hunsecker (Burt Lancaster)'s advice to Sidney Falco (Tony Curtis) in the noir classic Sweet Smell of Success more appropriate? What brings this to mind...

New Hawaii Law Blog

Posted on January 14, 2008
My Damon Key colleagues Robert Harris and Tred Eyerly are publishing a blog (or is that "blawg?") on Hawaii insurance law issues which is named, appropriately enough, Insurance Law Hawaii. Robert and Tred can be found at www.insurancelawhawaii.com. Pay a...

Deal Or No Deal: Ninth Circuit Says Honolulu May Have to Live Up to Its Eminent Domain Promises

Posted on January 14, 2008
I've had a chance to review Matsuda v. City and County of Honolulu, No. 06-15337 (Jan 14, 2008), a decision by the Ninth Circuit on the Contracts and Due Process clauses, but which also involves how local governments exercise the...

More on Matsuda (Ninth Circuit)

Posted on January 14, 2008
Tim Sandefur at PLF on Eminent Domain adds his thoughts about Matsuda v. City and County of Honolulu, No. 06-15337 (Jan 14, 2008).

9th Cir. on Due Process and Contracts Clause

Posted on January 14, 2008
The US Court of Appeals for the Ninth Circuit has issued an opinion in Matsuda v. City and County of Honolulu, No. 06-15337 (Jan 14, 2008), a case involving the city's repeal of Chapter 38, Honolulu's version of the "land...

Nevada SCT: Upon Further Review, It's a Per Se Regulatory Taking

Posted on January 14, 2008
Thanks to Patty Salkin's Law of the Land blog for summarizing the recent Supreme Court of Nevada opinion in Hsu v. County of Clark, No. 46461 (Dec. 27, 2007). Read Professor Salkin's summary or the opinion itself for the complete...

2007 in Review: Taking Substantive Due Process Seriously Again

Posted on January 11, 2008
After Lingle v. Chevron, U.S.A., Inc., 544 U.S. 528 (2005) informed us that the "substantially advance a legitimate state interest" test was one of substantive due process, not regulatory takings, the courts began revisiting the long-neglected topic of substantive due...

How Appealing

Posted on January 11, 2008
The Maui News reports "Vacation rental group planning to appeal ruling" -- The Maui Vacation Rental Association will appeal U.S. District Judge Michael Seabright?s dismissal of its suit against Maui County to the 9th Circuit Court of Appeals. President David...

2007 Land Use in Review: Due Process Notice in Eminent Domain

Posted on January 08, 2008
Several cases focused on the issue of due process notice in eminent domain. In Divine v Town of Nantucket, 449 Mass. 499, ___ N.E.2d ___ (July 19, 2007), the Supreme Judicial Court of Massachusetts invalidated the town's 1968 exercise of...

2007 Land Use in Review: Hawaii Supreme Court Lowers the Bar in Equal Protection "Rational Basis" Analysis

Posted on January 08, 2008
It's a pretty rare event when a court invalidates a law for violating the Equal Protection clauses of either the Hawaii or U.S. Constitution under rational basis review. In Silva v. City & County of Honolulu, No. 27385 (Aug. 10,...

2007 Land Use in Review: Estoppel and Shoreline Setbacks

Posted on January 08, 2008
In Brescia v. North Shore Ohana (No. 27211, July 12, 2007), the Hawaii Supreme Court held that a property owner was not entitled to rely upon a county planning commission's determination of the location of a shoreline setback when the...

2007 Land Use in Review: CARD v. ZBA - Administrative Procedures in Land Use Cases

Posted on January 08, 2008
Administrative Procedures in Land Use Cases: In Citizens Against Reckless Development v. Zoning Bd. of Appeals of the City and County of Honolulu (No. 27264, May 31, 2007), the Hawaii Supreme Court tackled the issue of when a request for...

2007 Land Use in Review: Venue in Declaratory Actions on Legality of Agency Rules is Jurisdictional

Posted on January 08, 2008
In Hawaii Home Infusion Assoc. v. Befitel, (No. 27256, Apr. 16, 2007), the Hawaii Supreme Court held that the venue provisions in the declaratory judgment section of the Hawaii Administrative Procedures Act, Haw. Rev. Stat. § 91-7, are jurisdictional, and...

Supreme Court: Getting It Right Doesn't Matter - Statute of Limitations in Inverse Condemnation Claims Against the Federal Government is Jurisdictional

Posted on January 08, 2008
In John R. Sand & Gravel v. United States, No. 06-1164 (Jan. 8, 2008), the U.S. Supreme Court held that the six year statute of limitations in the Tucker Act is "jurisdictional," and must be ruled upon by a court...

PA Supreme Court on Public Use and Pretext - Take That, Kelo

Posted on January 07, 2008
An important case from the Pennsylvania Supreme Court. In Middletown Township v. The Lands of Josef Seegar Stone, No 64 MAP 2006 (Dec. 28, 2007), the court upheld the power of a local government to take property "for any legitimate...

2007 in Review: Post-Kelo Claims of Pretext

Posted on January 04, 2008
In 2007, the courts started to apply the U.S. Supreme Court's decision in Kelo v. City of New London, 545 U.S. 469 (2005), especially how to mesh the Court's deferential standard of review with property owner claims of pretext. Kelo...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.