Monday, March 1, 2021
Hawai'i Free Press

Current Articles | Archives

Wednesday, August 14, 2013
Lawsuit Challenges Honolulu 'Stored Property' Seizure from Private Property
By Robert Thomas @ 11:41 PM :: 5226 Views :: First Amendment, Homelessness, Judiciary
New Federal Court Complaint Challenges Honolulu Grabbing Anti-Eminent Domain Signs Under "Stored Property" Ordinance


by Robert Thomas, Inverse Condemnation August 14, 2013

Here's the Complaint, filed yesterday in U.S. District Court in Honolulu in which a windward Oahu property owner challenges the City and County of Honolulu's removal of her protest signs on her property.

The rub? She's protesting the City's condemnation of her property back in 2010. Her complaint alleges that the city "neither owns, manages nor maintains" the property, and that the owner continues to pay both property taxes and for the maintenance of the land. It also alleges there are other signs on nearby property with other messages that have not been touched. This seems similar to other cases in which property owners claim that the government is retaliating against them for their anti-eminent domain messages.

The complaint alleges that a few months ago, the City went on the property and posted a "removal notice" under the City's newly-adopted "Bill 54," an ordinance allowing the City to seize property "stored" on public property provided it "tags" it 24 hours in advance. The following day, the City "pulled up the signs from the ground" and stored them.

The property owner attempted to recover her stored signs, but was refused when she declined to acknowledge that they had been abandoned and were stored on public property. The land is not public property, she asserts, because it has not been finally taken, and she had not abandoned the signs (since they were on her property).

The complaint claims violation of the Fourth Amendment search and seizure provisions, a violation of procedural due process, a First Amendment violation of her speech rights, and others including common law trespass, conversion, trespass to chattels, and replevin (law school Property I flashbacks!). The complaint seeks damages under § 1983, declaratory judgments, and injunctive relief.

The first big issue that we see is whether the City obtained a writ of immediate possession as it often does in eminent domain cases, under either Haw. Rev. Stat. § 101-28 or § 101-29, and what these statutes allow the City to do if it has obtained a writ.

We're naturally going to follow along with this one, folks.

Complaint for Deprivation of Civil Rights, Damages, Declaratory and Injunctive Relief, James v. City and Co...


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

ACA Signups Hawaii


Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni


Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Ballotpedia Hawaii

Better Hawaii

Blaisdell Memorial Project

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

Coffee Break

DVids Hawaii

E Hana Kakou Kelii Akina


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Life Alliance

Hawaii March for Life

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

Heritage Foundation



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

Sink the Jones Act

Statehood for Guam

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii