February 2010

Aliaba We just wrapped up the annual three-day Festival of Eminent Domain Law, otherwise known as the American Law Institute | American Bar Association’s two CLE conferences, “Eminent Domain and Land Valuation Litigation,”and “Condemnation 101: How To Prepare and Present an Eminent DomainCase.” 

Dana Berliner, Matt Fellerhoff and I spoke about about “Winning Arguments in Challenging the Right toTake and Public Use” in the Land Valuation course, and in the 101course, I presented a session on “Voir Dire: Selecting a Jury in a Post-Kelo Era in a Down Economy” with William Blake and Susan MacPherson.

The depth of talent teaching and attending these courses is unbelievable, so I always learn more at these conferences than I impart. Among the other presenters were our fellow law bloggers Gideon Kanner, Anthony Della Pelle and Edward McKirdy. Internet marketing strategist Jayne Navarre also presented an interesting session on using…

Continue Reading ALI-ABA Annual Eminent Domain Conference Wrap-Up

On Wednesday, Honolulu lost its iconic former Mayor, Frank Fasi. Mayor Fasi will be remembered for a lot of things, but we here at inversecondemnation.com will fondly recall his cheek when it came to exactions and in lieu payments. Two of the more well known examples:

  • During the second wave of investment in Hawaii from Japan, he announced that any golf course developer who wished to obtain permits from the City and County of Honolulu would have to pay a $100 million impact fee. We’re not sure whether anyone ever paid the fee, and we’re pretty sure that even in the days before Nollan and Dolan that a court would cast a skeptical eye towards it, but sometimes you just have to admire the pure audacity of something.
  • In a case involving Queen’s Beach on Oahu’s east shore, the director of Mayor Fasi’s Department of Land Utilization testified that

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Continue Reading Getting The “Goodies” And Honolulu’s $100 Million Golf Course Exaction

There is still time to register for the two ALI-ABA eminent domain conferences, “Eminent Domain and Land Valuation Litigation,” and “Condemnation101: How To Prepare and Present an Eminent Domain Case,” being heldconcurrently at the Westin Kierland Resort in Scottsdale, Arizona.

Thefirst course is designed for attorneys with some condemnationexperience, while the second is an introduction or refresher to thebasic concepts and techniques in a condemnation case. These are greatprograms, and registration discounts are available.

Moreinformation about “Eminent Domain and Land Valuation Litigation” isavailable here, and about “Condemnation 101” here.

Along with Dana Berliner and Matt Fellerhoff, I’ll be speaking about “Winning Arguments in Challenging the Right to Take and Public Use” in the Land Valuation course, and in the 101 course, I will be speaking with William Blake and Susan MacPherson about “Selecting a Jury in a Post-Kelo Era.”

If you attend, please stop by and Continue Reading Off To The ALI-ABA Eminent Domain Conferences