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Wednesday, July 6, 2016
NYT: How Anti-Growth Sentiment Thwarts Equality
By Selected News Articles @ 5:44 PM :: 3945 Views :: Land Use

“You don’t want rules made entirely for people that have something, at the expense of people who don’t,” said Jason Furman, chairman of the White House Council of Economic Advisers....

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Friday, July 1, 2016
Why are there no mobile home parks in Hawaii?
By Grassroot Institute @ 3:33 PM :: 5911 Views :: Homelessness, Land Use

“Here in Hawaii we don’t have trailer parks–they’re not legal.”

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Tuesday, June 28, 2016
Ige Signs HB2501: A&B Keeps E Maui Water
By News Release @ 4:17 AM :: 5718 Views :: Maui County, Agriculture, Land Use

...HB2501 provides time to transition to a process that ensures water is distributed fairly in accordance with the public trust doctrine....

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Saturday, June 18, 2016
Rail: Caldwell’s Flip-Flop Opens Door to Lawsuits by Property Owners Targeted by HART
By Robert Thomas @ 6:55 PM :: 5363 Views :: Land Use, Rail

...if a taking is abandoned or dismissed prior to final judgment, the condemnor is on the hook for "damages."....

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Tuesday, June 14, 2016
Maui: 60% Bogus Signatures on Ballot Petition to Seize Farms from Owners
By News Release @ 5:00 PM :: 10423 Views :: Agriculture, Land Use, GMOs

...It's unclear how much was spent paying people to collect signatures, or where the money came from, because those loudly demanding transparency don't practice it themselves....

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Tuesday, April 26, 2016
Hawaii ICA Bungles Hanalei River Eminent Domain Case?
By Robert Thomas @ 4:09 AM :: 5138 Views :: Kauai County, Land Use

...we have an old eminent domain code and don't have a whole lot of current decisional law applying it....

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Monday, April 18, 2016
Guam Justice--34 Years After Mayor’s Land Grab
By Robert Thomas @ 11:02 PM :: 3467 Views :: Land Use

Guam land titles can be seriously messed up....

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Friday, April 8, 2016
9th Circuit Says Hawaii Cannabis Church Bogarted Evidence
By Robert Thomas @ 7:42 PM :: 7014 Views :: Environment, Land Use, Office of Elections, Drugs

Here's what we are reading today....

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Friday, April 8, 2016
Ige Announces Nominees for Board of Education, Land Use Commission
By News Release @ 2:01 PM :: 6025 Views :: Education K-12, Hawaii State Government, Land Use

The appointments are subject to confirmation by the Senate....

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Friday, April 8, 2016
Supreme Court on Koa Ridge: No Moratorium While IAL Process Underway
By Robert Thomas @ 2:59 AM :: 4072 Views :: Agriculture, Land Use

...the "agricultural lands" section of the Hawaii Constitution isn't self-executing....

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Thursday, April 7, 2016
Guam Can't Duck Suit Over Native Land Grab
By Selected News Articles @ 2:24 PM :: 4703 Views :: Land Use, Military

Ancestral landowners in Guam who claim they were never fully compensated for property confiscated during World War II will have their day in court....

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Thursday, March 31, 2016
Feds Gain Control over 157,000 Acres in Maui County
By News Release @ 5:46 PM :: 4999 Views :: Environment, Land Use

The U.S. Fish and Wildlife Service today protected 157,000 acres of critical habitat for 125 species of plants and animals from the Hawaiian islands of Molokai, Maui and Kahoolawe....

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Thursday, March 31, 2016
Hawaii Land Use Laws Violate Fair Housing Act
By Selected News Articles @ 3:12 PM :: 5088 Views :: Land Use

...any policy that effectively discriminates against minorities, even if not intentional, violates the Fair Housing Act of 1968....

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Tuesday, March 29, 2016
Solving Hawaii Housing Crisis Through Land Use Reform
By Grassroot Institute @ 6:40 PM :: 4540 Views :: Land Use

...Hawaii land use policies discriminate unfairly against minorities and the poor....

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Friday, March 4, 2016
Hawaii Federal Court: Get Ready For Bridge Aina Lea Trial
By Robert Thomas @ 4:43 PM :: 5505 Views :: Hawaii County , Land Use

Bottom line: the plaintiff's takings claims are going to trial....

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Thursday, February 18, 2016
DLNR Task Force to Analyze Revocable Permits
By News Release @ 8:16 PM :: 3592 Views :: Land Use
The committee is expected to report its findings and recommendations to the chairs of the Hawaii State Senate Water, Land and Agriculture Committee and the State House Water and Land Committee by the end of April....
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Wednesday, February 17, 2016
Property Rights Court for Guam?
By Robert Thomas @ 10:23 AM :: 3380 Views :: Land Use

...We've asked whether Hawaii also might need a Property Rights Court....

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Tuesday, February 9, 2016
Bridge Aina Lea: Hawaii ‘Takings’ Case in Federal Court
By Robert Thomas @ 1:32 PM :: 5918 Views :: Hawaii County , Land Use

The State removed the civil rights lawsuit to U.S. District Court in Honolulu....

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Tuesday, February 9, 2016
State Looking For A TMT Hearing Officer–Deadline 430pm Today
By Robert Thomas @ 1:21 PM :: 5307 Views :: Higher Education, Land Use, OHA
Are you a lawyer and need something to do for the next 6-12 months?
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Tuesday, February 9, 2016
Fee Simple Conversion Bills Killed after KSBE Protests
By News Release @ 2:39 AM :: 3553 Views :: Land Use

Representative Yamane indicated that this effectively kills both bills for this session....

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Friday, February 5, 2016
Nai Aupuni Aha Illegally Blocks Protesters from Walking on Stolen Hawaiian Kingdom Road
By Andrew Walden @ 5:26 AM :: 7997 Views :: Akaka Bill, First Amendment, Land Use, OHA
“RHGC was required to provide and indicate on the approved grading plan, a pedestrian trail for public use over the project site leading from the Maunawili Estates Subdivision to Maunawili Falls.”
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Thursday, February 4, 2016
KSBE: We Will Fight Leasehold Conversion Bills
By News Release @ 7:02 PM :: 7183 Views :: Education K-12, Land Use, Small Business

A message from the Kam Schools CEO....

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Thursday, January 21, 2016
Speaker Souki Proposes Fee Simple Conversion of Commercial Land Leases
By Selected News Articles @ 2:52 AM :: 6650 Views :: Hawaii State Government, Land Use, Small Business

Hawaii has done it before with lands supporting single-family and multi-family homes. Those historic actions gave the ordinary working person new opportunities for true homeownership....

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Tuesday, January 19, 2016
Study Shows how Coral Death Hype can be used to Gain Control of Your Land
By News Release @ 1:12 PM :: 4419 Views :: Environment, Land Use

Water flow and sediment monitoring on coral reefs off the island of Lāna‘i provides conservation projects with guide for Ridge-to-Reef Management....

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Wednesday, January 13, 2016
HB1170: Geothermal Fast-track, part two
By Selected News Articles @ 7:47 PM :: 4637 Views :: Energy, Land Use

The legislative session has yet to even begin, and House leaders are already poised to fast-track a set of blanket exemptions for power producers....

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Tuesday, January 12, 2016
Gold Coast Seawall Hot Potato Case: Supreme Court Hears Arguments
By Robert Thomas @ 6:20 PM :: 3791 Views :: Land Use

A case that we've been following with some mild amusement has reached the Hawaii Supreme Court....

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Friday, January 8, 2016
Lawsuits Have Consequences: Aloha To Hawaii Sugar
By Robert Thomas @ 5:43 PM :: 6785 Views :: Environment, Agriculture, Land Use

Since about the 1970's, sugar plantations have been legal pariahs....

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Friday, January 8, 2016
DLNR to Loosen Death Grip on Hilo Businesses?
By News Release @ 1:53 PM :: 6565 Views :: Hawaii County , Land Use, Small Business

One of the leases at Banyan Drive has expired and has been placed on a month-to-month revocable permit. Other leases at Banyan Drive and in the Kanoelehua Industrial Area will expire in the next several years....

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Thursday, January 7, 2016
Oregon Standoff: Cooperative Management vs Federal Control
By Video @ 4:26 AM :: 5553 Views :: Environment, Land Use, Second Amendment

Full Transcript of Rep. Greg Walden (R-OR) Floor Speech January 5, 2016....

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Wednesday, January 6, 2016
VIDEO: Hawaii Water Law In A Nutshell
By Robert Thomas @ 9:38 PM :: 5173 Views :: Environment, Land Use

If you want a crash course in Hawaii's unique (some would say weird) water law, you can't do better than this video....

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Tuesday, December 29, 2015
Hoopili: Is the State Prohibited from Rezoning "Potential" Important Ag Land?
By Robert Thomas @ 4:10 AM :: 8240 Views :: Agriculture, Development, Land Use, Rail

...last week, the Hawaii Supreme Court issued a 4-1 ruling in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC....

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Wednesday, December 23, 2015
Supreme Court: Hoopili ‘Necessary for Urban Growth’
By Robert Thomas @ 3:44 PM :: 7545 Views :: Agriculture, Development, Land Use, Rail

"This appeal involves a long-standing issue in this state: balancing agricultural and urban land uses."

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Monday, December 14, 2015
Court Of Appeals: Pig Hunting is a Traditional Hawaiian Practice (In This Case)
By Robert Thomas @ 1:48 AM :: 5174 Views :: Land Use, Second Amendment

Pig hunting in this case involved dogs and a knife, not guns....

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Friday, December 4, 2015
The Hawaii Supreme Court's Fractured Rationale For Invalidating The TMT Permit
By Robert Thomas @ 9:04 PM :: 5683 Views :: Higher Education, Land Use, OHA
Space. The final frontier. These are the voyages of the telescope Thirty Meter. It's five year continuing mission: to explore strange new worlds. To seek out a Conservation District Use Permit from the Board of Land and Natural Resources, and navigate the treacherous waters of Hawaii administrative law. To boldly go where twelve other telescopes have gone before!
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Tuesday, November 17, 2015
Full Text: Supreme Court Grants Temporary Injunction Blocking Telescope Construction
By Selected News Articles @ 10:01 PM :: 5263 Views :: Higher Education, Land Use, OHA

True to Form: Enviros win 90% in Hawaii Supreme Court....

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Friday, October 30, 2015
Aha Moku Advisory Committee Hosts Public Meetings to Draft Rules
By News Release @ 2:26 AM :: 4678 Views :: Environment, Land Use

...as it develops and adopts rules for its operation and administration....

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Friday, October 2, 2015
New Hawaii Endangered Species Listings Set Stage for Federal Ecosystem Control
By Selected News Articles @ 1:39 PM :: 4592 Views :: Environment, Land Use

The proposed species occupy 11 types of ecosystems....

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Friday, October 2, 2015
‘Smart Growth’ Drives up Housing Costs
By NCPA @ 1:14 PM :: 6247 Views :: Development, Land Use, Cost of Living

A study reveals that urban containment, or smart growth policies, have been shown to drive the price of housing up....

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Friday, September 25, 2015
Smart Growth Policies Worsened Hawaii Housing Crash
By Selected News Articles @ 2:37 AM :: 5033 Views :: Economy, Land Use

...areas with restrictive land use regulations, often referred to as “smart growth,” were hit the hardest when housing crisis hit....

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Friday, September 18, 2015
'Smart Growth' Causes Hawaii Losses in Affordable Housing
By NCPA @ 5:57 PM :: 6731 Views :: Development, Hawaii Statistics, Land Use, Cost of Living

...Hawaii, California, Oregon, Vermont, Florida and Washington, which adopted some type of restrictive land-use policy over the last 30 years, all experienced some of the largest losses, in terms of home affordability....

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Sunday, September 6, 2015
9 Years of Hawaii Law Blogging
By Robert Thomas @ 9:05 PM :: 5578 Views :: Judiciary, Land Use

I'd also like to hail my fellow law bloggers....

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Thursday, September 3, 2015
Bridge Aina Lea: Federal Court Dismisses Most of Case
By Robert Thomas @ 9:09 PM :: 6807 Views :: Hawaii County , Development, Land Use

...once again, a property owner's federal constitutional claims -- raised in a federal forum -- get decided by a state court....

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Sunday, June 21, 2015
Contested Case or Court Case? The Hawaii Supreme Court Decides
By Robert Thomas @ 6:58 PM :: 5338 Views :: Judiciary, Land Use

It's a fine balance, and until the Hawaii Supreme Court's recent decision in Kellberg v. Yuen, and the Intermediate Court of Appeals' decision in Hoku Lele, LLC v. City and County of Honolulu....

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Monday, June 1, 2015
Koa Ridge Arguments Before Supreme Court - State Prohibited From Rezoning "Potential" IALs?
By Robert Thomas @ 7:01 PM :: 5501 Views :: Environment, Land Use

Last week, the Hawaii Supreme Court heard oral arguments in Sierra Club v. Castle and Cooke Homes Hawaii, Inc....

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Friday, May 29, 2015
Eminent Domain Docfilm "Battle For Brooklyn" Now Streaming
By Robert Thomas @ 8:56 AM :: 4076 Views :: Land Use
"Battle For Brooklyn explains why property owners fight the taking of their homes and businesses, even when that fight is uphill."
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Wednesday, May 27, 2015
Study: Honolulu Property Taxes Among Lowest in USA
By News Release @ 4:41 PM :: 7375 Views :: Hawaii Statistics, Land Use, Taxes

The Lincoln Institute of Land Policy released the annual 50-State Property Tax Comparison Study, a comprehensive analysis of effective property tax rates in each state’s largest city....

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Tuesday, May 12, 2015
State Planning Office Publishes 'Land Use System Review'
By News Release @ 6:12 PM :: 3471 Views :: Land Use

In 2014, the State Office of Planning, on its own accord, initiated an examination of the State land use system....

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Wednesday, April 8, 2015
Guess What: Hawaii Housing Is Expensive!
By Robert Thomas @ 5:25 AM :: 6591 Views :: Development, Land Use, Cost of Living

"Affordable Housing Maui Style" - from NewGeography.com....

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Sunday, April 5, 2015
The Turtle Bay Bill, Part 2
By Tom Yamachika @ 5:01 AM :: 7197 Views :: Environment, Development, Hawaii State Government, Land Use

...They were under the impression that the bond sale process needed to begin by June 30 of this year. “No,” said the Department of Attorney General, “the law says that the bond sale needs to be DONE by June 30.”...

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Saturday, April 4, 2015
"Through a Glass Clearly: Predicting the Future in Land Use Takings Law"
By Robert Thomas @ 12:56 AM :: 3410 Views :: Land Use

It's not often that we say a law review article is a "must-read."...

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