Real Estate & Property Law

New Book: At The Cutting Edge 2010: Land Use Law From The Urban Lawyer

Posted on January 27, 2011
The ABA has announced the forthcoming publication of a new book by the State and Local Government Law Section: At the Cutting Edge 2010: Land Use Law from The Urban Lawyer, edited by my colleague Dwight H. Merriam, and which...

Yule Log (Director's Commentary)

Posted on January 27, 2011

January 13-14, 2011: Fifth Hawaii Land Use Conference

Posted on January 27, 2011
On January 13 and 14, 2011, I'll be leading two sessions in the fifth Hawaii Land Use Law conference. This one only comes around every two years, so this is your chance to get updated on the hottest topics by...

En Banc 9th Circuit Decides Guggenheim: Mobile Home Rent Control Ordinance Is Not A Regulatory Taking

Posted on January 27, 2011
This just in: the en banc Ninth Circuit, in an opinion by Judge Kleinfeld (the dissenter from the panel opinion) has concluded that the City of Goleta's mobile home rent control ordinance is not a regulatory taking. In Guggenheim v....

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Cal Ct App: Facial Equal Protection Challenge To Zoning Ordinance Cannot Tag Along With Invalid As-Applied Challenge, Man

Posted on January 27, 2011
In County of Sonoma v. Superior Court, No. A128734 (Dec. 15, 2010), the California Court of Appeal, First District concluded that an equal protection challenge to the requirement in Sonoma County's zoning code that medical marijuana dispensaries obtain a permit...

New Article - Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches

Posted on January 27, 2011
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Mark M. Murakami and Tred Eyerly, Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35...

Amazing: A Summary Of Columbia Expansion That Doesn't Mention "Eminent Domain"

Posted on January 27, 2011
I'm an alum of Columbia University (LLM, 1995), so I'm on the list to receive the semi-regular emails sent out by the law school and the alumni association, informing me about a recent faculty hire, or containing the latest plea...

U.S. Supreme Court Declines Review Of Columbia Eminent Domain Case

Posted on January 27, 2011
The Court has denied certiorari in Tuck-It-Away, Inc. v. New York State Urban Dev. Corp., No. 10-402 (cert. petition filed Sep. 21, 2010), the case about the New York State Urban Development Corporation's attempt to take property for a new...

Mark Your Calendars - Feb. 17-19, 2011: Annual ALI-ABA Condemnation Law Programs

Posted on January 27, 2011
Thursday-Saturday, February 17-19, 2011, come join us for the 28th annual presentation of the advanced-level ALI-ABA Course of Study, Eminent Domain and Land Valuation Litigation, and the sixth annual presentation of the basic-level ALI-ABA Course of Study, Condemnation 101: Making...

Cal Ct App: Inverse Condemnation Statute Of Limitations For Physical Taking Begins When Invasion Becomes Wrongful

Posted on January 26, 2011
In Cobb v. City of Stockton, No. C062328 (Jan. 26, 2011), the California Court of Appeal (3d District) concluded that the property owner's claim for inverse condemnation for a physical invasion of his property was not barred by California's five-year...

Live Blog Of Justice Alito's Remarks To The Hawaii Bar: "Top Things You May Not Know About the U.S. Supreme Court"

Posted on January 26, 2011
Join us later today at 4:30 p.m. HST (6:30 p.m. PST, 9:30 p.m. EST) for the live blog of U.S. Supreme Court Associate Justice Samuel Alito's remarks to the Hawaii Bar, "Top Things You May Not Know About the U.S....

HSBA Requests Comments On HAWSCT Associate Justice Nominee Sabrina S. McKenna

Posted on January 25, 2011
Just received this email. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ To members of the HSBA: Governor Neil Abercrombie has announced today his first judicial nomination, subject to Senate confirmation: Sabrina Shizue McKenna as Associate Justice on the Hawai'i Supreme Court...

January 25, 2011: Live Blog Of Announcement Of HAWSCT Associate Justice Nominee

Posted on January 25, 2011
Update: Circuit Judge Sabrina McKenna has been appointed by Governor Abercrombie as an Associate Justice of the Hawaii Supreme Court. * * * * At noon Hawaii Standard Time on Tuesday, January 25, 2011, we'll be live blogging Hawaii Governor...

Book Signing: Regulating Paradise - Land Use Controls In Hawaii (2d ed. 2010)

Posted on January 24, 2011
For those of you who do not yet have your copy of University of Hawaii lawprof David L. Callies' recent book Regulating Paradise - Land Use Controls In Hawaii, here's your chance to get it signed by the author himself....

Justice Alito Is Coming To Town - Time To Re-Read His "Ceded Lands" Opinion

Posted on January 21, 2011
As noted by my blogging colleagues, U.S. Supreme Court Associate Justice Samuel Alito is coming to Honolulu next week to participate in the U.H. Law School's "jurist in residence" program, and to address the Bar. (Mark Murakami summarized several of...

Oral Argument Recording In HAWICA Case: Can Complainer Avoid The Administrative Process By An Original Jurisdiction Lawsuit?

Posted on January 17, 2011
As we noted in this post, last week the Hawaii Intermediate Court of Appeals heard arguments in Pavsek v. Sandvold, No. 29179. In that case, the court is considering whether a complainer can circumvent the City's enforcement procedures and the...

Time On Guggenheim - California Rent Control In The (Biased) Spotlight

Posted on January 16, 2011
In California Trailer Parks War: Owners Vs. Renters, Time magazine takes a look at the mobile home rent control issues behind the recent Ninth Circuit en banc opinion in Guggenheim v. City of Goleta (our resource page on the case...

Cases And Links From Today's Hawaii Land Use Conference Sessions On Coastal Issues And Water Law

Posted on January 14, 2011
To all of you who attended the first day of the Hawaii Land Use Conference today, thank you. As promised, here are the items I discussed during my two sessions: United States v. Milner, 583 F.3d 1174 (9th Cir. 2009)...

There's Still Time To Register And Attend The Fifth Hawaii Land Use Conference

Posted on January 12, 2011
This Thursday (January 13, 2011) I'll be leading two sessions at the fifth Hawaii Land Use Law conference at the Ala Moana Hotel in Honolulu. This conference takes place biannually, so this is your last chance until 2013 to get...

HAWICA Oral Argument: Can Complainer Avoid The Administrative Process By An Original Jurisdiction Lawsuit?

Posted on January 11, 2011
Starting at 10:00 a.m. on Wednesday, January 12, 2011, the Hawaii Intermediate Court of Appeals will hear oral arguments in Pavsek v. Sandvold, No. 29179. In that case, the court is considering whether a complainer can circumvent the City's enforcement...

Federal Circuit: Takings Claims By Navajo Nation Barred By Statute Of Limitations

Posted on January 10, 2011
In Navajo Nation v. United States, No. 2010-5036 (Jan. 10, 2011), the U.S. Court of Federal Claims concluded that the Nation's claim that a development moratorium resulted in a taking was barred by the six year statute of limitations. The...

Friday Round-Up: Takings Ripeness, Defining "Hawaiian" Cultural Practices, Penn Central, and Judicial Takings

Posted on January 07, 2011
What we're reading today: Tennessee Supreme Court Makes It Official: The U.S. Supreme Court Misread Tennessee Law in the Williamson County Case - Gideon Kanner on the latest twist in the regulatory takings ripeness mess. If you understand what the...

Is POTUS' Hawaiian Vacation Rental "Illegal?" Here's Official City Policy

Posted on January 05, 2011
Honolulu Civil Beat reports this exclusive "Obama's Winter White House an Illegal Rental" (complete CB stories are usually behind a paywall, but they've posted this one in its entirety). According to the Civil Beat story: President Barack Obama's two-week stay...

January 3, 2011: US District Court Remembrance For Judge Samuel P. King

Posted on January 02, 2011
Received the following announcement this morning: The US District Court, District of Hawaii, will be having a Remembrance Ceremony in honor of Judge Samuel P. King on January 3, 2011 at 3pm. The ceremony will be held in Judge Mollway's...

New Book: At The Cutting Edge 2010: Land Use Law From The Urban Lawyer

Posted on January 02, 2011
The ABA has announced the forthcoming publication of a new book by the State and Local Government Law Section: At the Cutting Edge 2010: Land Use Law from The Urban Lawyer, edited by my colleague Dwight H. Merriam, and which...

Yule Log (Director's Commentary)

Posted on January 02, 2011
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January 13-14, 2011: Fifth Hawaii Land Use Conference

Posted on January 02, 2011
On January 13 and 14, 2011, I'll be leading two sessions in the fifth Hawaii Land Use Law conference. This one only comes around every two years, so this is your chance to get updated on the hottest topics by...

En Banc 9th Circuit Decides Guggenheim: Mobile Home Rent Control Ordinance Is Not A Regulatory Taking

Posted on January 02, 2011
This just in: the en banc Ninth Circuit, in an opinion by Judge Kleinfeld (the dissenter from the panel opinion) has concluded that the City of Goleta's mobile home rent control ordinance is not a regulatory taking. In Guggenheim v....

Cal Ct App: Facial Equal Protection Challenge To Zoning Ordinance Cannot Tag Along With Invalid As-Applied Challenge, Man

Posted on December 17, 2010
In County of Sonoma v. Superior Court, No. A128734 (Dec. 15, 2010), the California Court of Appeal, First District concluded that an equal protection challenge to the requirement in Sonoma County's zoning code that medical marijuana dispensaries obtain a permit...

New Article - Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches

Posted on December 16, 2010
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Mark M. Murakami and Tred Eyerly, Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35...

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