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Thursday, March 31, 2016
Feds Gain Control over 157,000 Acres in Maui County
By News Release @ 5:46 PM :: 5827 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 :: 5951 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 :: 5496 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 :: 6339 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 :: 4224 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 :: 3972 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 :: 7148 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 :: 6208 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 :: 4199 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 :: 9265 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 :: 8519 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 :: 7754 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 :: 5178 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 :: 5449 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 :: 4434 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 :: 7926 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 :: 7837 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 :: 6545 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 :: 6082 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 :: 9654 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 :: 8924 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 :: 6114 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 :: 6546 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 :: 6140 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 :: 5491 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 :: 5359 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 :: 7365 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 :: 5958 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 :: 7867 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 :: 6559 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 :: 7864 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 :: 6168 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 :: 6239 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 :: 4915 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 :: 8430 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 :: 4118 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 :: 7568 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 :: 8289 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 :: 4012 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 :: 5251 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 :: 5790 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 :: 5832 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 :: 6409 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 :: 8519 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 :: 7361 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 :: 5826 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 :: 6708 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 :: 7826 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 :: 5896 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 :: 6470 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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