Eminent Domain | Condemnation

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The Honolulu Star-Advertiser published my movie review of “Battle For Brooklyn,” the documentary about the Atlantic Yards eminent domain fight, on the op-ed page. Check it out here or below. More importantly, if you are in Honolulu next week, come to one of the four screenings (details and link to ticket purchase below).

‘Battle for Brooklyn’ coming to rail project near you

Battle for Brooklyn film posterHow would you react if the government ordered you to give up your home or business so a developer could build an arena for his basketball team? Accept what money is offered, or dig in your heels and fight?

“Battle for Brooklyn,” the Oscar-contending documentary premiering in Hawaii next week, chronicles one homeowner’s fight against the city’s taking of his property. But the film leaves open the question of whether he did the right thing, for the right reasons.

The film compresses seven years of events…

Continue Reading Movie Review: “Battle For Brooklyn” — Lessons For Honolulu Rail From A Reluctant Activist

Today’s 6-1 California Supreme Court opinion in California Redevelopment Association v. Matosantos, No. S194861 (Dec. 29, 2011) brings to mind two of our favorite loanwords: schadenfreude (deriving pleasure from the misfortune of others) and schlimmbesserung (to worsen by improvement).

The first because we can’t say we’re crying much about the takedown of California redevelopment agencies, which are collectively probably the largest abusers of eminent domain in the state, and the second because the track record of these agencies in actually accomplishing their stated goals of economic development is woefully sparse.

As we noted here, in Matosantos, the court concluded the state legislature could eliminate redevelopment agencies without violating the California Constitution. While this is a significant victory for property rights advocates, we won’t be counting our chickens just yet. Here are a few things to keep in mind:

  • The California Supreme Court did not drive a stake

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Continue Reading Schadenfreude, Schlimmbesserung, And The California Supreme Court’s Redevelopment Ruling

As we noted earlier today (“Cal Supreme Court “Redevelops” Redevelopment Agencies“), the California Supreme Court has dealt a stunning blow to the redevelopment-industrial compex in California. Here’s more from media outlets and legal commentators:

  • Governor Jerry Brown issues his shortest press release, ever: “Today’s ruling by the California Supreme Court validates a key component of the state budget and guarantees more than a billion dollars of ongoing funding for schools and public safety.” No call for “excessive celebration” for that one. But you know he’s doing an end-zone dance right about now.

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Continue Reading California Redevelopment Round Up

In what can only be considered a major takedown of the redevelopment game, the California Supreme Court in a 6-1 opinion (Chief Justice Cantil-Sakauye concurring and dissenting), held that the state legislature could eliminate redevelopment agencies without violating the California Constitution. What the lege giveth, the lege may taketh away. It upheld the statute dissolving redevelopment agencies. California Redevelopment Association v. Matosantos, No. S194861 (Dec. 29, 2011).

In an interesting twist, however, the court invalidated the companion statute by which the legislature allowed the redevelopment agencies to continue to exist if they paid into a state fund benefitting schools and special districts. End result: snake eyes for the redevelopement agencies.

We summarize our conclusions concerning the constitutional landscape. The Legislature, pursuant to its plenary power to establish or dissolve local agencies and subdivisions as it sees fit, may, but need not, authorize redevelopment agencies. (Cal. Const., art. IV, §…

Continue Reading Cal Supreme Court “Redevelops” Redevelopment Agencies

As we predicted in our oral argument preview, the Hawaii Intermediate Court of Appeals made short work of the issues in City & County of Honolulu v. Sherman, No. 28945 (Dec. 27, 2011). Just two weeks after oral argument, the court issued its opinion (unpublished; again, not a surprise).

The court concluded that the “chapter 38” takings were correctly dismissed, and (in the more interesting part of the opinion), that the trial court should have considered and awarded the property owner the attorneys fees and costs it sustained as a result of an earlier appeal which did not result in an outright landowner victory, but merely a remand for further consideration. On remand, the trial court dismissed the eminent domain case.

The ICA relied on County of Hawaii v. C&J Coupe Family Ltd. P’ship, 120 Haw. 400, 208 P.3d 713 (2009), which held that if an eminent…

Continue Reading Hawaii Ct App: Attorneys Fees And Costs For Eminent Domain Appeals

Now that we’ve decked the halls, its time to clear the decks: the end of 2011 is on the horizon, and in order to start 2012 off on a fresh note, here are opinions of interest lined up in our “to post” queue, but that we’ve not found the time to actually digest and post:

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Continue Reading Year-End Opinion Dump

ALI-ABAGet ready, it’s that time of year again: the annual eminent domain law conferences by the American Law Institute-American Bar Association, this year to be held in San Diego from January 26-28, 2012.

Here’s the description of Eminent Domain and Land Valuation Litigation, the premiere program on condemnation law and related topics:

The power of eminent domain is being reshaped across the nation by court rulings and legislation. Much of the recent court activity and legislation has involved the controversial use, or attempted use, of eminent domain power to take private property for economic development by private parties. Redevelopment, however, is not the only fluid area in takings law. This national course of study addresses those areas where new developments in the law and procedure have and will reshape the practice. Learn what’s new in the cutting-edge areas of eminent domain law and how the practice in this field continues to evolve.

This popular and long running advanced course of study kicks off with a comprehensive update on eminent domain case law and legislation by a preeminent practitioner.

Each morning, the course focuses on hot issues and topics that affect practitioners today.

On Thursday and Friday afternoon, a dual track system addresses important substantive and practice topics in a series of breakout sessions. Registrants can learn about the key issues in substantive takings law from nationally recognized and experienced professionals. On the practice side, registrants can choose from another array of sessions chock full of practice pointers.

The course brings all the right participants together — lawyers, appraisers, condemning agencies, right-of-way professionals, and many others — to share valuable experiences and engage in healthy debate on these cutting-edge issues.

Networking opportunities are scheduled throughout the program, with breakfasts, networking breaks, a reception on Thursday afternoon, and social activities in the evenings arranged by a special Hospitality Committee. Come and meet with colleagues from around the nation, exchange ideas, enjoy the fellowship, and collect more than 16 hours of CLE credits.

This course runs concurrently with ALI-ABA’s annual Course of Study, Condemnation 101: Making the Complex Simple in Eminent Domain. This unique format allows practitioners who are new in the field of eminent domain to network with many of the nation’s most experienced condemnation lawyers, and to benefit from many of those same lawyers serving as their faculty. Special Offer: Attend Eminent Domain and Land Valuation Litigation and bring an associate to Condemnation 101 for 50% off.  ADD TO CART

We’re on the faculty (“The Role of Hawaii’s Unique Property Law in the U.S. Supreme Court’s Takings Cases“with Professor David Callies), so if you attend either course, please stop by and say hi.
Continue Reading ALI-ABA Annual Eminent Domain Conference, January 26-28, 2012, San Diego

China has been on our mind lately. Maybe it’s our recent attendance at the Brigham-Kanner property rights conference held in Beijing in October. Maybe it’s last week’s talk to our law firm by an old friend on lessons that can be learned from China’s move from communism to a market economy.

Whatever is causing China to be on our radar lately, here’s the latest big story, on Wukan, the village presently under seige after a mass protest objecting to the sale of village land for real estate development. The above video is not in English, but it doesn’t take a translator to get the drift. The print media is also reporting on the situation:

Gideon Kanner has also been following the story (start here…

Continue Reading Is “Wukan” Chinese For “Kelo?”

A Warning

A bit of warning before we start: this is going to be a long post. Not because the issues in City & County of Honolulu v. Sherman, No. 28945, being argued on Wednesday, December 14, 2011 at 9:00 a.m. in the Intermediate Court of Appeals are particularly interesting, but because this case has been hanging around for years (the briefing was completed in 2008 — yes, you read that right: over three years ago) and this is the second time this case has been to the Hawaii appellate courts. The first trip produced a published opinion by the Supreme Court, City & County of Honolulu v. Sherman, 110 Haw. 39, 129 P.3d 543 (2006) (we analyzed that opinion here).

Thus, there’s a lot of background to cover. Besides, eminent domain appeals don’t crop up all that often in the Hawaii courts so when they…

Continue Reading Oral Argument Preview: The Last Gasp Of Honolulu’s Condo Eminent Domain Law, And Damages For Failed Takings

Featured_exhib_brooklyn

A reminder: on January 3 and 4, 2012, at 1:00 and 7:30 p.m. each day, the Honolulu Academy of Arts Doris Duke Theater is presenting the Hawaii premiere of Battle For Brooklyn, the Academy Award-contending documentary about the Atlantic Yards eminent domain fight. We are lucky enough to have the exclusive Hawaii showing of this important, informative, and entertaining film. More information (and ticket purchase) from the Academy of Arts web site here.

There will be Q & A sessions following each screening with the filmmakers and (perhaps) a special guest, TBA.

The film has received fantastic reviews (a New York Times critics’ pick), and recently made the short list for films in the running for the Best Documentary feature Academy Award. We reviewed the film here, and highly recommend it.

Battle For Brooklyn is an especially timely film for Hawaii audiences: it chronicles one homeowner’s years-long…

Continue Reading Exclusive Hawaii Premiere: Battle for Brooklyn, Academy Award Contending Documentary About Eminent Domain