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Sunday, June 21, 2015
Contested Case or Court Case? The Hawaii Supreme Court Decides
By Robert Thomas @ 6:58 PM :: 4614 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 :: 4825 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 :: 3446 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 :: 6190 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 :: 2976 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 :: 5718 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 :: 6189 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 :: 2891 Views :: Land Use

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

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Tuesday, March 10, 2015
Ige Nominates Three to BLNR
By News Release @ 10:04 PM :: 3908 Views :: Land Use

All three nominations are subject to confirmation by the Senate....

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Wednesday, March 4, 2015
Rail Project Forum: Eminent Domain, Just Compensation, and Protecting Property Rights
By Robert Thomas @ 1:53 PM :: 4222 Views :: Land Use, Rail
Date: Tomorrow, Thursday, March 5, 2015
Time: 6:00 - 7:15 p.m.
Location: Farrington High School Cafeteria
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Friday, January 23, 2015
Bridge Aina Lea: 9th Circuit Affirms State Supreme Court Ruling (sort of)
By Robert Thomas @ 2:28 PM :: 4236 Views :: Hawaii County , Land Use

...we've been waiting for the other shoe to drop, and today it did....

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Wednesday, January 14, 2015
"'Integral Yoga' Group and Swami Hope to Find Their Inner Balance in Federal Court"
By Robert Thomas @ 9:30 PM :: 4735 Views :: Land Use, Small Business, Tourism

...for not permitting it to use their site on Maui's north shore for things like weddings....

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Thursday, January 8, 2015
Hawaii Supreme Court to Review Haleakala Telescope Case
By Robert Thomas @ 9:35 PM :: 6114 Views :: Environment, Higher Education, Judiciary, Land Use

The case thus represents a target-rich environment for the petitioners and the court....

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Friday, December 19, 2014
Hawaii Supreme Court: Agencies Have No Duty To Keep Their Records Accurately
By Robert Thomas @ 4:00 AM :: 5347 Views :: Hawaii County , Judiciary, Land Use

Last month, the Hawaii Supreme Court issued a unanimous opinion which declined to impose a duty of reasonable care on the Hawaii County Planning Department....

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Wednesday, December 10, 2014
Hawaii Supreme Court In Aina Lea: The Rationales Behind The Opinion
By Robert Thomas @ 4:23 AM :: 4236 Views :: Judiciary, Land Use

...the LUC violated petitioners’ constitutional rights....

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Thursday, November 27, 2014
Bridge Aina Lea: Supreme Court Smacks Down LUC
By Robert Thomas @ 1:03 PM :: 4965 Views :: Development, Land Use

...the State Land Use Commission wrongfully amended the land use boundaries from "urban" back to to "agriculture" after $20M of construction was complete....

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Tuesday, November 25, 2014
Kauai Dairy Farm Receives Approval
By News Release @ 8:48 PM :: 5536 Views :: Environment, Agriculture, Land Use

...The original proposal of 2,000 cows on site was modified in July 2014 to 650-699 cows....

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Sunday, November 23, 2014
Hawaii Landmark Land Use Litigation for 2014
By Selected News Articles @ 3:36 PM :: 4263 Views :: Judiciary, Land Use

...new and important cases were decided by the Hawaii courts this year....

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Sunday, November 23, 2014
Supreme Court Blocks Friends of Makakilo Appeal vs DR Horton
By Robert Thomas @ 3:29 PM :: 4695 Views :: Development, Land Use

...The Hawaii Supreme Court has issued a unanimous opinion in Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC....

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Saturday, November 15, 2014
Meetings to Discuss Changes to the State’s Land Use System
By News Release @ 5:41 AM :: 3493 Views :: Land Use

State Office of Planning Hosting a Series of Stakeholder Meetings to Discuss 'Improvements' to the State’s Land Use System....

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Friday, November 14, 2014
Courageous Hawaii Won Local Control of Public Lands With Statehood
By Selected News Articles @ 2:49 PM :: 5844 Views :: Akaka Bill, Hawaii History, Land Use

In Hawaii v. Office of Hawaiian Affairs, the Supreme Court unanimously declared....

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Saturday, November 8, 2014
Legacy Land Commission Seeks New Members
By News Release @ 8:12 PM :: 3890 Views :: Hawaii State Government, Land Use

There are currently three vacancies....

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Sunday, November 2, 2014
Kanaiolowalu: Broken Trust on Steroids
By Andrew Walden @ 10:43 PM :: 7234 Views :: Akaka Bill, Development, Land Use, OHA

PLDC and Kakaako Makai were just a warmup exercise....

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Tuesday, September 9, 2014
Nine Years of Inverse Condemnation
By Robert Thomas @ 2:28 AM :: 3231 Views :: Land Use

...as you get older, you forget birthdays....

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Wednesday, August 27, 2014
Abercrombie Appoints Three to LUC
By News Release @ 10:11 PM :: 3979 Views :: Land Use

... Brandon Ahakuelo, Kent Hiranaga and Arnold Wong to the Land Use Commission....

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Wednesday, August 27, 2014
Eminent Domain: City Seizure of Protest Signs Illegal?
By Robert Thomas @ 7:33 PM :: 4703 Views :: First Amendment, Land Use

...the City and County of Honolulu condemned an undeveloped lot in rural Oahu for a fire station, but has been met with staunch resistance....

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Wednesday, July 23, 2014
A Hint Of Judicial Takings From Hawaii Intermediate Court of Appeals
By Robert Thomas @ 2:21 PM :: 3470 Views :: Judiciary, Land Use

The case involved three buildings near the shoreline on the Big Island....

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Wednesday, July 16, 2014
Turtle Bay Deal Wins 2014 ‘Rusty Scalpel’ Award
By News Release @ 11:50 PM :: 4753 Views :: Ethics, Development, Land Use

...there was no compelling reason not to extend the session and hold public hearings on this important amended bill....

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Tuesday, July 15, 2014
Upcoming CLE: Hawaii's Shoreline and Coastal Law and Regulation
By Robert Thomas @ 8:03 PM :: 7442 Views :: Judiciary, Land Use

This program will cover recent Hawaii case law, including the recent Hawaii Supreme Court decision regarding identifying the certified shoreline....

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Friday, July 11, 2014
Abercrombie Appoints Three to BLNR
By News Release @ 9:27 PM :: 4277 Views :: Hawaii State Government, Land Use

...Vernon Char, Ulalia Woodside and Christopher Yuen....

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Wednesday, June 25, 2014
Ninth Circuit Oral Argument In Bridge Aina Lea
By Robert Thomas @ 1:57 AM :: 4432 Views :: Development, Land Use

...the State Land Use Commission wrongfully amended the land use boundaries from urban to agriculture....

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Monday, June 16, 2014
Abercrombie Appoints Members to BLNR, HTA
By News Release @ 8:14 PM :: 5396 Views :: Hawaii State Government, Labor, Land Use, Tourism

Both are interim appointments subject to state Senate approval....

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Monday, June 16, 2014
Supreme Court Briefs in Bridge Aina Lea: Takings, Reclassification, and Orders to Show Cause
By Robert Thomas @ 7:26 PM :: 4518 Views :: Honolulu County, Development, Land Use

Here are the merits briefs in an important case set for argument later this month in the Hawaii Supreme Court....

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Monday, June 9, 2014
9th Circuit Demands Briefing on Bridge Aina Lea Suit
By Robert Thomas @ 5:30 AM :: 6589 Views :: Hawaii County , Development, Judiciary, Land Use

...several members of the State of Hawaii Land Use Commission were sued by the property owner in their individual as well as official capacities....

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Friday, May 30, 2014
Today in 1984: SCOTUS Upholds Hawaii Land Redistribution Eminent Domain Plan
By Robert Thomas @ 5:52 PM :: 4824 Views :: Hawaii History, Land Use

It was on this day in 1984 that the U.S. Supreme Court issued its 8-0 decision in Hawaii Housing Authority v. Midkiff....

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Friday, May 23, 2014
VIDEO: Why is the Rent So High in Hawaii?
By Video @ 4:33 PM :: 5104 Views :: Land Use, Cost of Living

The six layers of land use controls ....

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Wednesday, May 21, 2014
Intermediate Court of Appeals: No Landlocked Real Estate in Hawaii
By Robert Thomas @ 2:36 PM :: 6458 Views :: Hawaii History, Judiciary, Land Use

In Malulani Group, Ltd. v. Kaupo Ranch, Ltd., No. 30509 (May 5, 2014), the issue was whether the owner of a landlocked parcel could assert an easement....

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Monday, May 19, 2014
Turtle Bay: A Real Difference Between Ige and Abercrombie
By News Release @ 5:58 PM :: 5375 Views :: Democratic Party, Land Use, Politicians

Turtle Bay vividly demonstrates the difference in problem solving between gubernatorial candidate Senator David Ige and Governor Neil Abercrombie....

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Monday, March 31, 2014
OHA Touts Pacific Business News Support for Kakaako Development Scheme
By News Release @ 4:11 PM :: 4352 Views :: Land Use, OHA

"...OHA is not seeing resistance from Kamehameha Schools and Howard Hughes Corp., the two major developers in Kaka'ako Mauka, as suggested in the editorial...."

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Tuesday, March 18, 2014
Portnoy Lashes out at Zell, Claims Parr Petroleum Hawaii Refinery is at Risk
By News Release @ 4:08 AM :: 4863 Views :: Energy, Land Use

...leases which may be essential for Par Petroleum’s refinery operations....

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Thursday, March 13, 2014
Carl Icahn, Sam Zell vs Portnoy Family in 'Vicious' fight over Hawaii Lawyers' Land Management Fees
By Selected News Articles @ 4:09 AM :: 4933 Views :: Energy, Land Use

Mr Zell controls 33 per cent of Par Petroleum, an oil and gas company operating in Hawaii....

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Tuesday, March 11, 2014
Hawaii: Update on Second Amendment Legislation
By News Release @ 10:56 PM :: 3985 Views :: Land Use, Second Amendment

HB 1902, introduced by state Representative Cindy Evans (D-7), would integrate a no net loss policy for public hunting lands in Hawaii....

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Wednesday, March 5, 2014
The Real Stories Behind "The Descendants"
By Robert Thomas @ 9:08 PM :: 6604 Views :: Hawaii History, Land Use
"Deconstructing The Descendants: How George Clooney Ennobled Old Hawaiian Trust and Made the Rule Against Perpetuities Sexy"
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Saturday, March 1, 2014
Supreme Court Rejects Kauai Springs Appeal
By Robert Thomas @ 8:35 PM :: 6475 Views :: Kauai County, Land Use, OHA, Small Business
The Hawaii Supreme Court has issued an opinion in Kauai Springs, Inc. v. Kauai Planning Comm'n....
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Monday, February 24, 2014
1000 Friends: Stop residential development adjacent to Kakaako Waterfront Park
By News Release @ 12:53 PM :: 4444 Views :: Land Use, OHA

SB 3122 SD1 exempts OHA, now owner of several Kakaako Makai parcels, from the prohibition of residential development on land makai of Ala Moana Boulevard....

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Monday, February 17, 2014
Supreme Court: Damage To Unique Property Subject To Unique Rules
By Robert Thomas @ 2:12 PM :: 4776 Views :: Kauai County, Land Use

The value of Pilaa beach, bay and reef includes use value, option value, commodity value, existence value, bequest value, cultural values, including value to indigenous people, and intrinsic value....

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Tuesday, February 11, 2014
Hawaii In The Eminent Domain Spotlight
By Robert Thomas @ 12:23 PM :: 4418 Views :: Judiciary, Land Use
...Forbes editorial about an eminent domain and free speech battle between a North Shore property owner and the City and County of Honolulu....
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Monday, January 27, 2014
Supreme Court Moves Shoreline to "Historical Evidence of Upper Wash"
By Robert Thomas @ 11:48 PM :: 3891 Views :: Land Use

Today, the Hawaii Supreme Court issued an option in Diamond v. Dobbin....

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Thursday, January 23, 2014
Hawaii Supreme Court Eases Path to Challenge Subdivision Approvals
By Robert Thomas @ 4:35 PM :: 5199 Views :: Development, Judiciary, Land Use

HAWSCT: Triggers To Administrative Appeals Must Be Clear And Noticed....

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Tuesday, January 21, 2014
Demographia: When Will Honolulu Urban Planners Wise Up and Follow the Chinese Communist Party Line?
By Selected News Articles @ 7:27 PM :: 4865 Views :: Development, Hawaii Statistics, Land Use

The United States is home to some of the most counter-productive land use regulation....

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