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Details, including registration and location information, here.Continue Reading Eminent Domain and Land Use in Hawaii – May 10, 2012
Eminent Domain and Land Use in Hawaii – May 10, 2012
Tonight: San Francisco Screenings Of “Battle For Brooklyn” At The Roxie
San Francisco Bay Areans: come join us at the Roxie Theater (3117 16th Street between Valencia and Guerrero, San Francisco) tonight for screenings of Battle for Brooklyn, the Oscar-shortlisted documentary film about the Atlantic Yards eminent domain case. Two shows, 7:00 and 9:00 p.m. Details, including ticket purchase here.
I’ll be there to answer questions on the legal aspects of the film, as well as discuss its relevance to California, where redevelopment and eminent domain abuse are front page stories due to the California Supreme Court’s recent decision upholding the Legislature’s abolishment of the state’s 400+ redevelopment agencies.
Also showing is “The Tragedy of Eminent Domain: The destruction and survival of a New York City neighborhood.” This short tells the story of how a project called “Manhattantown” destroyed a historic African-American community on the Upper West Side in the 1950s. Manhattantown set the model
Continue Reading Tonight: San Francisco Screenings Of “Battle For Brooklyn” At The Roxie
Redevelopment Developments
Here’s what we’re reading today:
- Blight barons of redevelopment plot comeback – Steven Greenhut (O.C. Register): “As of February, anyway, redevelopment is dead in California, the victim of an absurdly arrogant legal and political strategy pursued by redevelopment’s chief defenders. This is wonderful news, made even better by the teeth-gnashing of public officials who have routinely abused their powers under redevelopment law. Cry me a river. But before I gloat too much, we need to remember that this victory already resembles one of those cheap horror movies where the Evil Thing has been vanquished, and all appears well, then its hand pokes out from the grave just as the credits begin.”
- RDA Timeline: Hatchet to Fall Feb. 1 – via California Planning & Development Report: “State senators Alex Padilla and Luis Alejo have reportedly introduced Senate Bill 659, which would extend the deadline for agencies’ dissolution for several
California Redevelopment Alert: Free Webinar, Wednesday, Jan. 4, 2012
California followers: be sure to register and join in on Wednesday, January 4, 2012, starting at 2:00 p.m. PST as Rick Rayl, Brad Kuhn (California Eminent Domain Report) and their firm colleagues present a webinar, “Supreme Court Upholds Elimination of Redevelopment in California – Now What?“
This, of course, refers to last week’s California Supreme Court decision upholding the state legislature’s wipeout of the 400+ redevelopment agencies in California. Join in and find out “now what,” and what happens next.
Details here. Continue Reading California Redevelopment Alert: Free Webinar, Wednesday, Jan. 4, 2012
Hawaii Premiere Of “Battle for Brooklyn” – Oscar-Contending Docfilm Of Atlantic Yards Eminent Domain Fight
Today was the Hawaii premiere of Battle For Brooklyn, the Oscar-shortlisted documentary film about the Atlantic Yards case. We’re introducing the film and conducting a question-and-answer session after each showing.
Screening information: Tuesday and Wednesday, January 3 and 4, at 1:00 p.m. and 7:30 p.m. each day at the Doris Duke Theater. More information (and ticket purchase) from the Academy of Arts web site here.
Today’s two screenings were followed by lively questions from the audience. Here are links to the key posts on the case, in the event you want to find out more:
- Our short form review, published last week in the Honolulu Star-Advertiser.
- Our “long form” review (more for legal wonks).
- Norman Oder’s blog on the issues: Atlantic Yards Report. A must-follow.
- Our commentary on the final settlement in the case: Was It “All About The Money?” Hardly.
Movie Review: “Battle For Brooklyn” — Lessons For Honolulu Rail From A Reluctant Activist
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
How 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
Schadenfreude, Schlimmbesserung, And The California Supreme Court’s Redevelopment Ruling
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
California Redevelopment Round Up
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.
- Ding, Dong, The Witch Is Dead! California Supreme Court Approves Legislative Abolition of Redevelopment Agencies – Did you really need us to tell you that is Gideon Kanner’s take on the situation?
- Supreme Court Upholds Law Eliminating California’s Revelopment Agencies – Rick Rayl and Brad Kuhn weigh in: “The bottom line: the decision ends redevelopment in
Cal Supreme Court “Redevelops” Redevelopment Agencies
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
ALI-ABA Annual Eminent Domain Conference, January 26-28, 2012, San Diego
Get 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