Book Review: Callies, Regulating Paradise (2d ed. 2010)
by Robert Thomas, www.InverseCondemnation.com
Professor Patricia E. Salkin (of the Law of the Land blog) has written this review of Professor David Callies' Regulating Paradise: Land Use Controls in Hawaii (2d ed. 2010). The review is in the latest edition of the Urban Lawyer (43 Urb. Lawyer 1107 (2011)), the law review published by the ABA's Section of State & Local Government Law.
Professor Salkin writes:
Unlike mainland states, the history of land ownership and regulation in Hawai’i—dating back to the mid 1800s—is unique and deeply rooted in centralized control both before and after the State became a territory. Callies explains how the State’s oft-studied 1961 land use law continued this trend, with zoning accomplished at the state level. He points out that from this strong tradition of centralized control, however, a new system of land use regulation has emerged with layers of county laws and the influence of myriad federal statutes and regulations as well as special purpose state statutes and programs. Hawai’i’s unique history has slowly yielded to the more familiar models of land use regulation found on the mainland. With these layers of regulation, Professor Callies demonstrates how it is that land development projects in the State can take more than a dozen years to get permitted and built.
At the recent ALI-ABA Eminent Domain Conference in San Diego, Professor Callies and I spoke about how Hawaii's unique approach to property and land use has resulted in several landmark U.S. Supreme Court cases, and how it has influenced takings law. And at $22, this book is a steal, and merits a place on the bookshelf of every land use lawyer, whether or not you practice in Hawaii. Professor Salkin agrees:
In sum, this handy single-volume resource should be required reading for all players in the land use game in Hawai’i. However, one need not reside or practice in Hawai’i to benefit from Professor Callies’ clear and direct writing style that untangles the interplay between federal, state and local roles in land use planning and decision making.
Read Regulating Paradise's Introduction here. Purchase it from the University of Hawaii Press here. We first posted about the book here. More thoughts on the first edition of Regulating Paradise here and here.