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Friday, September 30, 2016
More Regulation Won’t Make Housing Affordable
By Selected News Articles @ 9:31 PM :: 3021 Views :: Land Use, Cost of Living

“local barriers to housing development have intensified....”

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Thursday, September 29, 2016
Feds Propose 49 New Endangered Species for Hawaii
By News Release @ 4:14 PM :: 2770 Views :: Environment, Land Use

10 insects and 39 plants ....

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Thursday, August 25, 2016
Supreme Court to hear Hanalei Boatyard Case
By Robert Thomas @ 12:29 AM :: 3721 Views :: Kauai County, Land Use, Small Business

...the County of Kauai is condemning several Hanalei-area parcels to expand an adjacent public beach park....

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Tuesday, August 16, 2016
Hanalei Boatyard: NFIB, Owners Counsel ask Hawaii Supreme Court to Intervene
By News Release @ 5:17 AM :: 3987 Views :: Kauai County, Land Use, Small Business

The brief asks the Supreme Court to correct a critical error that could impact future eminent domain cases....

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Tuesday, August 09, 2016
Ige Appoints Nature Conservancy Employee to BLNR
By News Release @ 6:07 PM :: 2664 Views :: Environment, Land Use

...Ige announced the appointment of Samuel M. Gon III to the Board of Land and Natural Resources....

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Wednesday, July 27, 2016
Hawaii Supreme Court: Hanalei Boatyard Connected to Area 51?
By Robert Thomas @ 4:20 PM :: 3202 Views :: Kauai County, Land Use

The case involves three parcels on Kauai -- one of which is owned by a fellow who has been a thorn in the County's side....

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Thursday, July 07, 2016
Senate to Hold Revocable Permit Hearing
By News Release @ 5:42 PM :: 2070 Views :: Land Use

...Wednesday, July 13, 2016 at 10:30 a.m., in Conference Room 224....

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Wednesday, July 06, 2016
NYT: How Anti-Growth Sentiment Thwarts Equality
By Selected News Articles @ 5:44 PM :: 2526 Views :: Land Use

“You don’t want rules made entirely for people that have something, at the expense of people who don’t,” said Jason Furman, chairman of the White House Council of Economic Advisers....

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Friday, July 01, 2016
Why are there no mobile home parks in Hawaii?
By Grassroot Institute @ 3:33 PM :: 3784 Views :: Homelessness, Land Use

“Here in Hawaii we don’t have trailer parks–they’re not legal.”

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Tuesday, June 28, 2016
Ige Signs HB2501: A&B Keeps E Maui Water
By News Release @ 4:17 AM :: 3236 Views :: Maui County, Agriculture, Land Use

...HB2501 provides time to transition to a process that ensures water is distributed fairly in accordance with the public trust doctrine....

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Saturday, June 18, 2016
Rail: Caldwell’s Flip-Flop Opens Door to Lawsuits by Property Owners Targeted by HART
By Robert Thomas @ 6:55 PM :: 3161 Views :: Land Use, Rail

...if a taking is abandoned or dismissed prior to final judgment, the condemnor is on the hook for "damages."....

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Tuesday, June 14, 2016
Maui: 60% Bogus Signatures on Ballot Petition to Seize Farms from Owners
By News Release @ 5:00 PM :: 6522 Views :: Agriculture, Land Use, GMOs

...It's unclear how much was spent paying people to collect signatures, or where the money came from, because those loudly demanding transparency don't practice it themselves....

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Tuesday, April 26, 2016
Hawaii ICA Bungles Hanalei River Eminent Domain Case?
By Robert Thomas @ 4:09 AM :: 3150 Views :: Kauai County, Land Use

...we have an old eminent domain code and don't have a whole lot of current decisional law applying it....

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Monday, April 18, 2016
Guam Justice--34 Years After Mayor’s Land Grab
By Robert Thomas @ 11:02 PM :: 2159 Views :: Land Use

Guam land titles can be seriously messed up....

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Friday, April 08, 2016
9th Circuit Says Hawaii Cannabis Church Bogarted Evidence
By Robert Thomas @ 7:42 PM :: 4079 Views :: Environment, Land Use, Office of Elections, Drugs

Here's what we are reading today....

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Friday, April 08, 2016
Ige Announces Nominees for Board of Education, Land Use Commission
By News Release @ 2:01 PM :: 3526 Views :: Education K-12, Hawaii State Government, Land Use

The appointments are subject to confirmation by the Senate....

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Friday, April 08, 2016
Supreme Court on Koa Ridge: No Moratorium While IAL Process Underway
By Robert Thomas @ 2:59 AM :: 2387 Views :: Agriculture, Land Use

...the "agricultural lands" section of the Hawaii Constitution isn't self-executing....

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Thursday, April 07, 2016
Guam Can't Duck Suit Over Native Land Grab
By Selected News Articles @ 2:24 PM :: 2672 Views :: Land Use, Military

Ancestral landowners in Guam who claim they were never fully compensated for property confiscated during World War II will have their day in court....

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Thursday, March 31, 2016
Feds Gain Control over 157,000 Acres in Maui County
By News Release @ 5:46 PM :: 2940 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 :: 3158 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 :: 2703 Views :: Land Use

...Hawaii land use policies discriminate unfairly against minorities and the poor....

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Friday, March 04, 2016
Hawaii Federal Court: Get Ready For Bridge Aina Lea Trial
By Robert Thomas @ 4:43 PM :: 3573 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 :: 2258 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 :: 2065 Views :: Land Use

...We've asked whether Hawaii also might need a Property Rights Court....

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Tuesday, February 09, 2016
Bridge Aina Lea: Hawaii ‘Takings’ Case in Federal Court
By Robert Thomas @ 1:32 PM :: 3621 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 09, 2016
State Looking For A TMT Hearing Officer–Deadline 430pm Today
By Robert Thomas @ 1:21 PM :: 3068 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 09, 2016
Fee Simple Conversion Bills Killed after KSBE Protests
By News Release @ 2:39 AM :: 2241 Views :: Land Use

Representative Yamane indicated that this effectively kills both bills for this session....

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Friday, February 05, 2016
Nai Aupuni Aha Illegally Blocks Protesters from Walking on Stolen Hawaiian Kingdom Road
By Andrew Walden @ 5:26 AM :: 4631 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 04, 2016
KSBE: We Will Fight Leasehold Conversion Bills
By News Release @ 7:02 PM :: 4199 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 :: 4022 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 :: 2619 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 :: 2805 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 :: 2359 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 08, 2016
Lawsuits Have Consequences: Aloha To Hawaii Sugar
By Robert Thomas @ 5:43 PM :: 4024 Views :: Environment, Agriculture, Land Use

Since about the 1970's, sugar plantations have been legal pariahs....

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Friday, January 08, 2016
DLNR to Loosen Death Grip on Hilo Businesses?
By News Release @ 1:53 PM :: 3819 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 07, 2016
Oregon Standoff: Cooperative Management vs Federal Control
By Video @ 4:26 AM :: 3263 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 06, 2016
VIDEO: Hawaii Water Law In A Nutshell
By Robert Thomas @ 9:38 PM :: 3186 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 :: 4852 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 :: 4345 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 :: 3124 Views :: Land Use, Second Amendment

Pig hunting in this case involved dogs and a knife, not guns....

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Friday, December 04, 2015
The Hawaii Supreme Court's Fractured Rationale For Invalidating The TMT Permit
By Robert Thomas @ 9:04 PM :: 3496 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 :: 3133 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 :: 2737 Views :: Environment, Land Use

...as it develops and adopts rules for its operation and administration....

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Friday, October 02, 2015
New Hawaii Endangered Species Listings Set Stage for Federal Ecosystem Control
By Selected News Articles @ 1:39 PM :: 2704 Views :: Environment, Land Use

The proposed species occupy 11 types of ecosystems....

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Friday, October 02, 2015
‘Smart Growth’ Drives up Housing Costs
By NCPA @ 1:14 PM :: 3756 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 :: 2943 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 :: 3717 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 06, 2015
9 Years of Hawaii Law Blogging
By Robert Thomas @ 9:05 PM :: 3258 Views :: Judiciary, Land Use

I'd also like to hail my fellow law bloggers....

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Thursday, September 03, 2015
Bridge Aina Lea: Federal Court Dismisses Most of Case
By Robert Thomas @ 9:09 PM :: 4331 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 :: 3379 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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