State's Amicus Response: Two-Year Statute Of Limitations In State Law Takings Claims Because Inverse Condemnation Isn't The Same As Eminent Domain

by Robert Thomas, InverseCondemnation, October 25, 2019

Here's the State of Hawaii's response to an amicus brief we filed in a case that asks the Hawaii Supreme Court to resolve the question of what statute of limitations governs takings claims under the state constitution.

We argued that constitutional claims such as these might not be subject to legislatively-imposed statutes of limitations, and that if they can then the majority rule in most state courts is that the adverse possession statute of limitations applies.

The State argues that a takings claim is a breach of contract claim (as some states conclude), and thus a two-year statute of limitations applies.

The property owner in this case argues that it is a six-year limitations period under Hawaii's "catch-all" civil claims statute.

So, how does your jurisdiction do it?

PDF: Defendants-Appellees' [State of Hawaii] Response to Brief Amicus Curiae of Owners' Counsel of America

Background:

Aug 2019: Bridge Aina Lea: Statute of Limitations?

July 2018: Bridge Aina Lea--Next Stop 9th Circuit