Real Estate & Property Law

Final Briefs In Hawaii Eminent Domain Abuse Cases: Pretext, Actual Purposes, And Private Benefit

By Robert Thomas (inversecondemnation.com)

Today, we filed the final briefs in the latest phase of County of Hawaii v. C&J Coupe Family Ltd. P'ship, two condemnation appeals presently before the Hawaii Supreme Court arising out of the County's attempts to take a Kona family's property.

We filed this brief replying to the developer's Answering Brief, and this brief in reply to the County of Hawaii's Answering Brief.

The Opening Brief which we filed in November 2009 is posted here.

These cases have resulted in two prior reported opinions, County of Hawaii v. C & J Coupe Family Ltd. P?ship, 119 Haw. 352, 198 P.3d 615 (2008) (available here), which deals with the issue of pretext and public purpose in eminent domain, and County of Hawaii v. C & J Coupe Family Ltd. P?ship, 120 Haw. 400, 208 P.3d 713 (2009) (available here), which held that under Hawaii law, the condemnor must pay 100% of the property owners damages if a taking is dismissed or otherwise fails.

More about the cases here.

Full post as published by inversecondemnation on February 16, 2010 (boomark / email).