Real Estate & Property Law

Unanimous SCOTUS: Apology Resolution No Legal Effect

By Robert Thomas (inversecondemnation.com)

A unanimous Supreme Court, in an opinion authored by Justice Alito has reversed and remanded the Hawaii Supreme Court in the "ceded lands" case.  The opinion is posted here.

More to follow after a chance to read the opinion, but here's the short story:

• The Court has jurisdiction under Michigan v. Long, 463, U.S. 1032 (1983).

• The Apology Resolution did not strip the state of its sovereign authority to alienate the lands the United States held in "absolute fee simple" and which were granted to the state upon its admission to the Union.

Disclosure: I helped author an amicus brief supporting the state's argument.  More background at our "ceded lands" case page.

Full post as published by inversecondemnation on March 31, 2009 (boomark / email).