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Another very interesting conference call today, focusing on theupcoming arguments in the Stop the Beach Renourishment case, the New York Court of Appeals’ decision in Aspen Creek, and the New Jersey Supreme Court’s decision to review Klumpp v. Borough of Avalon. Here arethe links to some of the cases and other topics discussed duringtoday’s call, and other items of interest which we didn’t have time for:

  • A resource page for the Stop the Beach Renourishment case – merits and amici briefs, media links, and commentary.
  • Our summary of the New York court’s decision in Aspen Creek Estates, Ltd. v. Town of Brookhaven, 12 N.Y.3d 735 (N.Y. 2009), cert. denied, No. 08-1444 (U.S. Oct 5, 2009).
  • More about the “bizarre condemnation,” Klumpp v. Borough of Avalon, No. A-2963-07 (per curiam). See also this post on the case from the New Jersey Condemnation Law blog.

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Continue Reading Links From ABA Condemnation Committee Conference Call (11/18/2009)

Just a reminder: tomorrow (Wednesday, November 18, 2009), from 2:00 – 3:00 p.m.(Eastern Standard Time), we will be holding the next “recentdevelopments” conference call for members of the Condemnation Law Committee(ABA Section of State & Local Government Law). It’s free, but openonly to Section members and guests.

Members should have already received an e-mail with the callinformation, either directly from the Section, or via our listserv (LG-CONDEMNATION). If you are not a member or have not received the information, email me.

Theseare informal calls to discuss recent developments, get feedback andadvice about pending matters, and to otherwise exchange views.

As this is informal, the agenda is open. But we will be covering at least these topics:

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Continue Reading Programming Note: Condemnation Committee Conference Call 11/18/2009, 2 pm EST

On Wednesday, September 16, 2009, I’ll be on the faculty of “Practical Guide to Zoning and Land Use Law,” a day-long seminar in Honolulu. This is an annual program dealing with zoning approvals,constitutional limitations on land use regulations, and administrativeprocedure.

I will be leading sessions on “Current Case Law and Legislative Update,” and “Appealing an AdministrativeZoning Decision.”

Also on the faculty are A. Bernard Bays and Naomi Kuwaye, who will be covering “Constitutional Limitations on Zoning Actions,” “Challenging a Rezoning Decision,” “Special Zoning Issues,” and “Adoption and Amendment of Zoning Ordinances and Maps. ”

I hope you can make it. If you do, stop by and say hello.

Moreinformation including a detailed agenda and registration information here. Continue Reading Upcoming Seminar: Practical Guide to Zoning and Land Use Law (9/16/2009)

Head’s up to all members of the ABA’s Section of State and Local Government Law‘s Condemnation Law Committee: you should have received an email about next week’s conference call (Thursday, June 25, 2 p.m. EDT) to discuss recent developments and items of interest, including:

If you are a section member and did not get the notification email with call-in information, send me an email and I will forward it to you.Continue Reading ABA Condemnation Law Committee Conference Call On Beach Takings Case And Sotomayor Nomination

To those who attended today’s seminar “Integrating Water Law and Land Use Planning,” thank you.  The materials from my session on “Water Rights, Property Rightsand the Law of Settled Expectations” are below. 

  • Kaiser Aetna v. United States, 444 U.S. 164 (1979) – the Hawaii Kai Marina case – physical invasions, regulatory takings, and interference with settled expectations.
  • Maui Tomorrow v. State of Hawaii, 110 Haw. 234, 131 P.3d 517 (2006) – Hawaii water law is not a federal case.  Summary of the decision here.
  • The Hawaii State Planning Act,

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Continue Reading Materials And Links From Today’s Water Law Seminar

There’s still time to register for the upcoming seminar “Integrating Water Law and Land Use Planning,” being held in Honolulu at the Ala Moana Hotel on Thursday, May 14, 2009 from 9am – 4:30pm.  I’ll be leading the session on “Water Rights, Property Rights and the Law of Settled Expectations,” and my Damon Key colleage Christi-Anne Kudo Chock is handling “Hawaiian Water Rights – Where Culture and the Law Merge.”

Also on the faculty are Lenore Nakama Ohye, a hydrologic planning program manager for the State of Hawaii Commission on Water Resource Management; Lawrence E. Beck, P.E., from the County of Hawaii Department of Water Supply; and Lawrence Miike, M.D., a Commissioner on the Water Commission.  Seminar details, including a complete agenda and registration information, are posted here.Continue Reading Upcoming Water Law Seminar – Integrating Water Law and Land Use Planning

Thank you to those who were able to join us live for today’s teleconference. Here are the links to the additional cases and other items I mentioned (or wanted to mention) in my session on Public Use and Pretext Update:

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Continue Reading Links From Today’s ABA Teleconference: Hot Topics In Land Use Law 2009

Thank you to those who were able to join us live for today’s teleconference. Here are the links to the additional cases and other items I mentioned (or wanted to mention) in my session on Public Use and Pretext Update:

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Continue Reading Links From ABA Condemnation Hot Topics Teleconference

There’s still time to register for two teleconferences that are a part of the ABA State and Local Government Section’s “Virtual Spring Meeting.”  I hope you can join us for at least one of the programs.

  • Wednesday, April 1, 2:00 – 3:30 pm, EDT: Condemnation Hot Topics – The program will examine new and important condemnation cases andtrends, and also review eminent domain as a backdrop for land useregulation. I will leading the session on pretext and public use in eminent domain cases. Also on the faculty are Robert Freilich, Mary Lynn Huett, and Edward Sullivan. The moderator is Professor Steven Eagle. More here.
  • Thursday, April 2, Noon – 1:30 pm, EDT: Hot Topics in Land Use Law 2009 – The 2009 version of this popular annual program will cover the latestdevelopments in several areas of the law related to land useregulation.  Among the expected topics are the ability of town

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Continue Reading Upcoming ABA Condemnation, Land Use Teleconferences

Instead of an in-person Spring Meeting this year, the ABA Section of State & Local Government Law will be “meeting” virtually from March 31-April 2, 2009.  As part of the meeting, the Section will be featuring a series of teleconference and live audio webcasts on a variety of subjects including topics near and dear to us: workforce housing, condemnation, land use, and green regulations. You can register for all programs, or individual subjects. A complete list of programs is posted here.

I will be participating as faculty in two of the programs: Condemnation Hot Topics (April 1, 2009 from 2:00 – 3:30pm EDT) and Hot Topics in Land Use Law (April 2, 2009 from noon – 1:30 EDT).  I’ll be speaking about the issue of public use and pretext in eminent domain, and recent cases questioning the government’s ability to take property.

Registration information is available on the links.

Continue Reading Conference: ABA Section Of State & Local Government Law Virtual Spring Meeting