Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, March 10, 2019
Ninth Circuit Wants To Know The Statute Of Limitations For Takings Claims In Hawaii
By Robert Thomas @ 4:40 PM :: 6150 Views :: Hawaii County , Judiciary, Land Use

Ninth Circuit Wants To Know The Statute Of Limitations For Takings Claims In Hawaii

by Robert Thomas, Inverse Condemnation, March 7, 2019

Here's the latest in a case we've been following that has resulted in what we're counting as no less that three lawsuits in state court (all removed to federal court by the State of Hawaii, as far as we are aware), which have gone back-and-forth between the U.S. District Court, the Ninth Circuit, and the Hawaii Supreme Court.

The latest is no different, and asks which statute of limitations applies to takings claims: the two-year personal injury statute, or the six-year "catch all." The answer has not been definitively resolved by Hawaii's courts, so Ninth Circuit in this order (Mar.7, 2019) booted this dispositive legal issue to the Hawaii Supreme Court by certifying this question: 

What is the applicable statute of limitations for a claim against the State of Hawai‘i alleging an unlawful taking of “[p]rivate property . . . for public use without just compensation,” Haw. Const. art. I, § 20?

Order at 3.

This lawsuit originated only a couple of years ago. The operative acts occurred more than two years before that, but less than six years ago:

On February 23, 2017, DW filed a complaint in Hawai‘i state court against the Commission and the State of Hawai‘i asserting takings claims under both the United States Constitution and the Hawai‘i Constitution. DW alleged that the Commission’s reclassification of the property as agricultural constituted a regulatory taking of DW’s property without just compensation. Specifically, DW alleged that the reclassification increased the purchase price of the property after DW had agreed to purchase it, destroyed DW’s “sophisticated funding arrangement [with] Asia” for developing the property, and caused DW to sustain other increased costs and losses in business opportunities. The State removed the case to federal court and moved to dismiss the complaint as barred by the applicable statute of limitations.

Order at 5-6. The district court dismissed. 

Everyone agrees the takings claim accrued on April 25, 2011. Thus, "[t]he only issue is identifying the applicable statute of limitations. And although the parties focus on DW's federal takings claim, DW's state takings claim remains at issue, and the applicable limitations period may control its federal takings claim as well." Order at 7 (footnote omitted). 

Interestingly, after certifying the question, the Order also details the arguments made by the parties, and notes the panel is "skeptical" of the State's reliance on a footnote in a Hawaii Intermediate Court of Appeals' opinion with a passing reference to a two year limitations for state law inverse condemnation claims. Oder at 11. By contrast, in a case involving a different constitutional claim, the Hawaii Supreme Court held that the six-year catch all applied. Order at 12. 

So there will be more, for sure. Stay tuned.

PDF: Order Certifying Questions to the Supreme Court of Hawaii, DW Aina Lea Dev., LLC v. State of Hawaii Land Us...

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT