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11.LULHI 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 a stellar faculty.

My sessions will cover Coastal Issues (which includes shoreline boundary, takings, and the U.S. Supreme Court’s Stop the Beach Renourishment case), and Water Issues (which will cover instream flow standards, public trust and private rights, and the Maui Water cases).

The keynote speaker will be Professor Gideon Kanner, who will present “Taking a Critical Look at 30 Years of the Supreme Court’s Takings Jurisprudence.” That alone will be worth the admission price.

Also of note: the seminar includes 3.25 Hawaii MCPE ethics credits, so you can fulfill your 2011 requirements in one sitting (you can attend the ethics portion for only $195). Members of the HSBA…

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

Aliaba

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 the Complex Simple in Eminent Domain, both at the Hyatt Regency in Coral Gables (Miami), Florida. Both courses also are offered via live webcast, available either in their entirety or in segments.

Update: Register online between December 12 and December 31, 2010, and you can get a 30% tuition break. Simply enter coupon code DECS30 when you check out to receive your discount (this includes ALI-ABA’s, live and online courses, telephone seminars, webcasts and on-demand CLE, coursebooks, DVDs, mp3s, subscriptions to periodicals, books, and all online content, including forms). This offer may not be combined with other ALI-ABA discounts, group rates or bundled products. This discount is only available for new…

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

Last Friday, I was on the faculty of Integrating Water Law and Land Use Planning, a seminar on Hawaii’s unique water law.

My session covered “Water Rights, Property Rights and the Law of Settled Expectations,” and provided a crash course in Hawaii land use law, the interrelationship between land use law and water law, and the limitations of the public trust doctrine.

Hawaii Water Law And The Law Of Settled Expectations

Other sessions included “Hawaiian Water Rights – Where Culture and the Law Merge,” “Amendments to the Instream Flow Standards in East and West Maui,” and “County of Hawaii Water Use and Development Plan.” Also on the faculty were my Damon Key colleague Christi-Anne Kudo Chock; Dr. Lawrence Miike, Commissioner on the State Commission on Water Resource Management; and Lawrence Beck, Civil Engineer with the County of Hawaii Department of Water Supply. Dr.

Continue Reading Materials And Links From “Integrating Water Law and Land Use Planning” Seminar

Still not have your MCLE hours for 2010? Will you be in or near Plano, Texas on December 2 and 3, 2010? Want to attend a conference at which the top minds in planning, zoning and eminent domain law are speaking?

Well, you’re in luck. There’s still time to register for Planning, Zoning and Eminent Domain, sponsored by the Center for American and International Law.

It wasn’t overstatement when we said that this one has the big names: among those speaking are Dwight Merriam, Gideon Kanner, Robert Freilich, Bruce Kramer, Mike Berger, and Dan Mandelker. And that’s only a partial list of the luminaries. Dwight will also be announcing the 2010 ZiPLer Awards. We’ve been holding our breath on that one, since we nominated a case for one of the prizes.

Unfortunately, we can’t make it this year. But we’ve attended this conference before, and it’s…

Continue Reading Upcoming Seminar: Planning, Zoning & Eminent Domain (Dec. 2-3, 2010)

Here are the slides that I used and links to the cases I discussed in “The Whacky and Wonderful World of Eminent Domain After Kelo.”

My presentation was entitled “Schlimmbesserung – Eminent Domain for Redevelopment.” Schlimmbesserung is one of those wonderful German compound words that have no direct translation into English, and means “worsening by improvement.” That term summed up for me how several of the more notorious efforts to use eminent domain in redevelopment efforts have fared (e.g., Poletown, Kelo). Professor Gideon Kanner recently posted some thoughts on “redevelopment blunders” here. The Owners’ Counsel of America’s blog has a summary of the seminar here.

Joining me on the panel was Andrew W. Schwartz, a partner in San Francisco’s Shute, Mihaly & Weinberger, who suggested that redevelopment was good, and that eminent domain was a necessary part of the process when market forces break…

Continue Reading Materials And Links From The Webconference “Eminent Domain After Kelo”

On Friday, November 19, 2010, I’ll be on the faculty of “Integrating Water Law and Land Use Planning” in Honolulu. My session will cover “Water Rights, Property Rights and the Law of Settled Expectations.”

Other sessions include “Hawaiian Water Rights – Where Culture and the Law Merge,” “Amendments to the Instream Flow Standards in East and West Maui,” and “County of Hawaii Water Use and Development Plan.” The complete agenda is posted here.

Also on the faculty are my Damon Key colleague Christi-Anne Kudo Chock; Dr. Lawrence Miike, Commissioner on the State Commission on Water Resource Management; and Lawrence Beck, Civil Engineer with the County of Hawaii Department of Water Supply. Dr. Miike is a physician and attorney, and the author of Water and the Law in Hawaii (2004).

This seminar is usually held biannually, so this may be your last chance for a couple of years…

Continue Reading November 19, 2010: Hawaii Water Law Conference

Banner_300x68 Mark your calendars: as a follow up to the panel discussion of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, 130 S. Ct. 2592 (2010) at the ABA Annual Meeting in San Francisco in August, the ABA Section of Real Property, Trust and Estate Law is sponsoring (along with the Section on State & Local Government Law) a teleconference on the case and the issue of “judicial takings.”

In “Is There Such a Thing as a Judicial Taking? The Lessons of the Supreme Court’s Ruling in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection,” I will be moderating a panel of legal experts to discuss the case, and more importantly, where we might go from here. Here’s a description of the program:

This program will discuss the 2010 United States Supreme Court decision in Stop the Beach Renourishment v. Florida Dept.

…
Continue Reading October 20, 2010: ABA Teleconference On Judicial Takings And The Stop The Beach Renourishment Case

11.LULHI Mark your calendars for January 13 and 14, 2011 for the 5th Hawaii Land Use Law Conference, to be held in Honolulu. Yes, it’s a few months away, but this is the Big One, it only comes around every two years, and you don’t want to miss it. 

The program chairs are Professor David Callies and land use attorney Ben Kudo, and they have assembled an expert and diverse faculty, including keynote speaker Professor Gideon Kanner (no stranger to readers of this blog).

  brochure

, which contains all the details and a registration form.

Here’s the program description:

The Hawai`i system of land use is complex and private land use is highly regulated. Attorneys and legal staff, planners, government officials, land owners and developers need to understand the complex federal, state and local requirements and procedures.

An expert faculty of land use practitioners, planners and regulators will explain the…

Continue Reading January 13 & 14, 2011: 5th Hawaii Land Use Law Conference

On Thursday, October 21, 2010, from noon to 1:00 p.m. EDT, please tune in for the free web conference “The Whacky and Wonderful World of Eminent Domain After Kelo.”

I’m not sure I can live up to making eminent domain “whacky and wonderful,” but I will be speaking about what the Court in Kelo really decided, and how courts in the intervening five years have viewed the decision. We will be looking at cases from New York, D.C., Hawaii, and Pennsylvania, among others.

Joining me on the panel will be Andrew W. Schwartz, from San Francisco’s Shute, Mihaly & Weinberger. The session will be moderated by John Clapp, Ph.D. of the UConn Center for Real Estate, and Michele Maresca, a land use attorney at Robinson and Cole in Hartford. Here’s the description of the program:

Kelo v. City of New London has been viewed by property rights…

Continue Reading 10/21/2010 Webconference: Eminent Domain After Kelo

Check it out: the William and Mary Property Rights Project and the Institute of the Bill of Rights Law will present the 7th Brigham-Kanner Property Rights Conference on September 30 to October 1, 2010. The recipient of this year’s prize is lawprof Carol M. Rose (U. Arizona).

More information, including a link to registration information here, from the Owners’ Counsel of America blog.
Continue Reading Upcoming Conference: 7th Annual Brigham-Kanner Property Rights Conference (9/30)