Scott Bullock, the Institute for Justice lawyer who argued Kelo will be speaking next Monday at the University of Hawaii School of Law about “Litigating for Liberty: Non-traditional Public Interest Law.”
Details here.Continue Reading Kelo Counsel To Speak At U. Hawaii
Grab a Tim Hortons double double and get ready to read an interesting opinion.
What we call “eminent domain” Canada calls “expropriation.” But that’s not the only thing different about the takings law of the U.S. and that our neighbors in the Great White North.
Generally, under the law of most U.S. states, lost business goodwill is not recoverable as just compensation even when the losses are incurred by the owner whose land is taken. Some jurisdictions such as California allow compensation when the affected business is conducted on the property taken, or on the remainder if the property is part of a larger parcel. But even those jurisdictions do not allow a property owner whose business is impacted by a taking, but whose property is not actually taken, to recover.
It looks like Canada takes a different approach. In Antrim Truck Centre Ltd. v. Ontario (Transportation), No 34413
Continue Reading O Canada! Supreme Court Affirms Compensation For Causing Business Losses
On Tuesday, February 26, 2013 from 7:15 – 8:309 p.m. in Classroom #2, the University of Hawaii Law School is sponsoring a talk about “The PLDC and Property Rights in Hawaii,” which will feature our Damon Key colleague Mark M. Murakami.
PLDC refers to the Public Land Development Corporation, a state agency created in 2011 to develop state-owned lands, primarily in concert with private entities. As Honolulu Civil Beat‘s information page on PLDC notes:
The corporation has broad powers for entering into private partnerships and establishing its own governing objectives and policies. It also is tasked with identifying state lands under DLNR that are suitable for development. The Board of Land and Natural Resources must approve all land transfers.
The corporation, with the approval of the governor, can also issue revenue bonds for constructing, acquiring and renovating public facilities, as well as for the acquisition
Continue Reading Upcoming Event: The PLDC and Property Rights in Hawaii
Our Owners’ Counsel of America colleague Michael Rikon and his law firm have launched a new blog, “Bulldozers at Your Doorstep – A National Blog on Eminent Domain.”
The blog will give us Michael’s and his colleagues’ view of eminent domain and condemnation issues from their unique New York perspective, from lawyers who specialize in eminent domain defense.
Recent posts include a discussion of corridor valuation, the introduction of a bill in North Carolina to limit Kelo‘s impact, and how the U.S.’s energy independence may result in an upswing in the exercise of eminent domain.
Definitely worth following. Continue Reading New Eminent Domain Blog – “Bulldozers at Your Doorstep”
Here’s what we’re reading on this Tuesday-after-a-long-weekend:
You may remember the opinion of the New York Appellate Division in 49 Wb, LLC v. Village of Haverstraw, 839 N.Y.S.2d 127 (N.Y. App. Div. 2007), in which the court held that a taking of private property for affordable housing was an improper use of eminent domain because “the Village invoked its power of condemnation for the sole purpose of benefitting private, and not public, interests,” and the “Village’s sole purpose [was] assisting private entities by means of condemnation.” In other words, the taking was irrational. The court concluded “[t]he Village’s justification for the condemnation, that it serves a public use, benefit, or purpose, is merely pretextual, and hence, improper.”
Based in part on that finding, the property owner went to federal court on a substantive due process claim (the government treated me irrationally). The District Court denied the owner’s motion for summary judgment and granted the Village’s cross
Continue Reading 2d Cir: Irrational Taking Is Not Irrational Or Outrageous Government Action
According to “Moats dug around Chinese villagers’ houses to drive them out,” they’re now resorting siege tactics to deal with holdout “nail houses” in southern China:
Forced evictions and land disputes are a major cause of social unrest in China, where there are tens of thousands of mass incidents each year.
This week, Chinese internet users weighed in on the unusual tactics being used to force Yangji’s remaining families from their homes.
“The property developer is really smart,” wrote one micro-blogger.
“The idea of natural moats is shockingly unprecedented. Really clever!”
Actually, the idea of a moat is very precedented. It appears that the situation we’re familiar with, where they merely build roads around holdouts, is devolving. What’s next, siege engines and cauldrons of boiling oil?Continue Reading They’re Getting Positively Medieval On Holdout “Nail Houses”
“The Castle,” the comic tale of Darryl Kerrigan and his efforts to protect the family home at “3 Highwview Crescent, Coolaroo” from “compulsory acquisition” (Australia’s version of eminent domain), has made it to Netflix‘s streaming service.
This is Miramax’s U.S. edit which contains a few differences from the original (several noncritical scenes trimmed, cultural references translated, and minor changes to the soundtrack), but nothing that will detract from enjoyment of the film and its story, and it’s still a must-see. Here’s our review.
We screened the Australian version at last year’s law film series, so in case you missed it, here’s your chance. Highly recommended.Continue Reading Australia’s Eminent Domain Comedy “The Castle” Now Streaming On Netflix
Did you know that as a Hawaii landowner you own all unmarked or unbranded cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve monthsof age, which may be running wild on your land? Yeah, we knew that.
We also knew that you are going to love any opinion that starts out with “[t]he dispute between the parties arises from [the Department of Hawaiian Home Lands]’s roundup and sale of roughly 115 head of Nobriga’s cattle.” Our mind immediately hears the twang of Frankie Laine’s rendition of the Rawhide theme as we dive into the case. So you’ve really got to check out the opinion of the Hawaii Intermediate Court of Appeals in Freddy Nobriga Ent. Inc. v. State of Hawaii Dep’t of Hawaiian Home Lands, No. 28805 (Jan. 30, 2013), a fact pattern straight out of the Old West (and your Property 101 casebook).
Nobriga grazed his herd
Continue Reading Some Days You Get The Bull, Some Days The Bull Gets You
And so it begins. The Pacific Business News reports that “Honolulu rail board approves eminent domain to acquire 10 acres,” all or portions of two parcels in leeward Oahu. Continue Reading Release The Hounds! Honolulu Rail Authority Begins Condemning Property Along Route
