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From January 3 – 5, 2008, ALI-ABA is putting on its annual program of eminent domain seminars, this time in San Francisco, California.  Two programs are being offered: “Condemnation 101: Fundamentals of Condemnation Law and Land Valuation” for those who want a course on the basics, and “Eminent Domain and Land Valuation Litigation,” for those who have some experience in this area of law.  The links above have agenda and faculty details, as well as registration information.  If you register by December 17, 2007 (midnight) using the code “DEC200730,” you will get 30% off of these or any other ALI-ABA course or materials.  Great deal.

These seminars are perhaps the best of their kind offered.  The faculty is great, and the agendas look like they will be their usual high quality.  I’m attending the advanced course.  If you register, be sure to let me know and Continue Reading Eminent Domain Seminars – January 2008

To my colleagues at the LINC conference in D.C., thank you for the opportunity to present the topic.  Here are links to the cases discussed:

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Continue Reading ▪ Links for “Progress in Protecting Property Rights Post-Kelo“

UH Law Professor Carl Christensen has kindly invited me to discuss takings law with the students in his historic preservation seminar on Monday.  I think a good starting point is the granddaddy of historic preservation/regulatory takings decisions, Penn Central Trans. Co. v. New York City, 438 U.S. 104 (1978), a case that highlights the competing concerns when the public’s desire to preserve a historic structure collides with a landowner’s desire to make reasonable use of it.

That case also gave us the “ad hoc” (aka Penn Central) three-part regulatory takings standard that has confounded the courts ever since.

In engaging in these essentially ad hoc, factual inquiries, the Court’s decisions have identified several factors that have particular significance. The economic impact of the regulation on the claimant and, particularly, the extent to which the regulation has interfered with distinct investment-backed expectations are, of course, relevant considerations. See…

Continue Reading ▪ Takings and Historic Preservation: Penn Central

To all those who attended today’s sessions on Practical Guide to Land Use and Zoning, thank you. 

Here is the upcoming attorney’s fee case in the US Supreme Court that I mentioned, the Hawaii fee-shifting statute in cases of “development” without a permit in environmental matters, and California’s Ehrlich v. City of Culver City case, where the court held that the Nollan/Dolan standards apply to non-property exactions, as well as governmental demands for property:

As we explain, we conclude that the tests formulated by the high court in its Dolan and Nollan opinions for determining whether a compensable regulatory taking has occurred under the takings clause of the Fifth Amendment to the federal Constitution apply, under the circumstances of this case, to the monetary exaction imposed by Culver City as a condition of approving plaintiff’s request that the real property in suit be rezoned to permit the…

Continue Reading ▪ Land Use and Zoning Seminar

There’s still time to register for Practical Guide to Zoning and Land Use Law, to be held on April 5, in Honolulu.  Details, including the complete agenda and registration form are here. 

I’ll be leading a session on “Appealing an Administrative Zoning Decision,” in which we will go over the ins-and-outs of taking a case from a state or county agency to the courts.

Other speakers will present an overview of Hawaii’s land use and zoning scheme, how to challenge a zoning decision, and the constitutional limitations on land use regulations. 

For any inversecondemnation.com readers who attend, please stop by and say hello.Continue Reading ▪ April 5: Hawaii Land Use and Zoning Seminar

I had the pleasure and honor to participate as faculty in this year’s Hawaii Land Use Conference, which wrapped up yesterday. 

The two-day conference covered the spectrum of topics relating to land use, including eminent domain, regulatory takings, endangered species act and federal Corps of Engineers permits, the treatment of agricultural land under Hawaii’s unique regulatory system, zoning and subdivision rules, RLUIPA, vested rights and development agreements, and cultural impact statements.  All presented by the leaders in their respective fields.  I presented a session of shoreline law and regulation (materials posted here), and spent the remainder of the time listening. 

Great stuff.  If you didn’t have the chance to attend this year, you should consider it for next.Continue Reading ▪ Hawaii Land Use Conference Summary

For those of you who attended the Hawaii Land Use Law Conference, thank you.  Here are the materials I mentioned in my session on Water, Water, Everywhere: Coastal Zone Management Permits; Hawaii’s Floodway, Floodplain and Coastal Inundation Zone Requirements, plus a few others I did not have time to cover:

  • Summary of Diamond case and commentary – 2006’s second “big case” about the CZMA; the “shoreline” issue determined in that case was about the baseline for setbacks, not ownership.
  • Kaiser Aetna v. United States, 444 U.S. 164 (1979) – government’s ability to regulate does not equal the ability to affect ownership rights without just compensation.
  • Boone v. United States, 944 F.2d 1489 (9th Cir. 1989) – guess what, Kaiser Aetna meant what it said.
  • Alameda Gateway, Ltd. v. United States, 45 Fed. Cl. 757 (1999) – Kaiser Aetna really meant what it said – just because a navigable ship repair facility in San Francisco Bay is subject to regulation does not mean property rights are affected.
  • Items I didn’t have time to talk about, but are worth mentioning:

        
    Continue Reading ▪ Land Use Law Conference Materials

    To those who attended today’s land use seminar — thank you.  If you have any questions that were not answered, please emailme, or if you would like additional copies of the law review articlehanded out.  Here are the additional references and materials from mysessions on “Supreme Court Update” and “Vested Rights” — 

       The summary of 2006’s significant land use events is posted here.

    Continue Reading ▪ Advanced Land Use Seminar Materials

    Registrations are still being accepted for the upcoming Advanced Land Use and Zoning in Hawaii seminar, taking place on Wednesday, January 17, 2007. 

    We will cover a variety of topics.  I’m presenting an update on US and Hawaii Supreme Court decisions from the last year including the Clean Water Act jurisdiction case, and an update on vested rights and development agreements.  My Damon Key colleagues are presenting sessions on shoreline law, the latest in environmental impact statement requirements, the ins-and-outs of rockfall liability, and an update on land use litigation procedures.  Paul Schwind will present an update on legislative developments.  View course details, the complete agenda, and registration information here.Continue Reading ▪ Still Time to Register for Advanced Land Use Seminar