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Tuesday, January 12, 2016
Gold Coast Seawall Hot Potato Case: Supreme Court Hears Arguments
By Robert Thomas @ 6:20 PM :: 2632 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 :: 4543 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 :: 4332 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 :: 3701 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 :: 3563 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 :: 5453 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 :: 4965 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 :: 3464 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 :: 3946 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 :: 3562 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 :: 3087 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 :: 3081 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 :: 4208 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 :: 3318 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 :: 4339 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 :: 3759 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 :: 4838 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 :: 3778 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 01, 2015
Koa Ridge Arguments Before Supreme Court - State Prohibited From Rezoning "Potential" IALs?
By Robert Thomas @ 7:01 PM :: 3954 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 :: 2775 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 :: 5036 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 :: 2336 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 08, 2015
Guess What: Hawaii Housing Is Expensive!
By Robert Thomas @ 5:25 AM :: 4637 Views :: Development, Land Use, Cost of Living

"Affordable Housing Maui Style" - from NewGeography.com....

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Sunday, April 05, 2015
The Turtle Bay Bill, Part 2
By Tom Yamachika @ 5:01 AM :: 5002 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 04, 2015
"Through a Glass Clearly: Predicting the Future in Land Use Takings Law"
By Robert Thomas @ 12:56 AM :: 2311 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 :: 3286 Views :: Land Use

All three nominations are subject to confirmation by the Senate....

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Wednesday, March 04, 2015
Rail Project Forum: Eminent Domain, Just Compensation, and Protecting Property Rights
By Robert Thomas @ 1:53 PM :: 3336 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 :: 3425 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 :: 3677 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 08, 2015
Hawaii Supreme Court to Review Haleakala Telescope Case
By Robert Thomas @ 9:35 PM :: 4909 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 :: 4326 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 :: 3383 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 :: 3959 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 :: 4376 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 :: 3379 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 :: 3805 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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Saturday, November 15, 2014
Meetings to Discuss Changes to the State’s Land Use System
By News Release @ 5:41 AM :: 2930 Views :: Land Use

State Office of Planning Hosting a Series of Stakeholder Meetings to Discuss 'Improvements' to the State’s Land Use System....

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Friday, November 14, 2014
Courageous Hawaii Won Local Control of Public Lands With Statehood
By Selected News Articles @ 2:49 PM :: 4777 Views :: Akaka Bill, Hawaii History, Land Use

In Hawaii v. Office of Hawaiian Affairs, the Supreme Court unanimously declared....

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Saturday, November 08, 2014
Legacy Land Commission Seeks New Members
By News Release @ 8:12 PM :: 3119 Views :: Hawaii State Government, Land Use

There are currently three vacancies....

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Sunday, November 02, 2014
Kanaiolowalu: Broken Trust on Steroids
By Andrew Walden @ 10:43 PM :: 6078 Views :: Akaka Bill, Development, Land Use, OHA

PLDC and Kakaako Makai were just a warmup exercise....

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Tuesday, September 09, 2014
Nine Years of Inverse Condemnation
By Robert Thomas @ 2:28 AM :: 2584 Views :: Land Use

...as you get older, you forget birthdays....

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Wednesday, August 27, 2014
Abercrombie Appoints Three to LUC
By News Release @ 10:11 PM :: 3254 Views :: Land Use

... Brandon Ahakuelo, Kent Hiranaga and Arnold Wong to the Land Use Commission....

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Wednesday, August 27, 2014
Eminent Domain: City Seizure of Protest Signs Illegal?
By Robert Thomas @ 7:33 PM :: 3774 Views :: First Amendment, Land Use

...the City and County of Honolulu condemned an undeveloped lot in rural Oahu for a fire station, but has been met with staunch resistance....

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Wednesday, July 23, 2014
A Hint Of Judicial Takings From Hawaii Intermediate Court of Appeals
By Robert Thomas @ 2:21 PM :: 2706 Views :: Judiciary, Land Use

The case involved three buildings near the shoreline on the Big Island....

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Wednesday, July 16, 2014
Turtle Bay Deal Wins 2014 ‘Rusty Scalpel’ Award
By News Release @ 11:50 PM :: 3861 Views :: Ethics, Development, Land Use

...there was no compelling reason not to extend the session and hold public hearings on this important amended bill....

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Tuesday, July 15, 2014
Upcoming CLE: Hawaii's Shoreline and Coastal Law and Regulation
By Robert Thomas @ 8:03 PM :: 6548 Views :: Judiciary, Land Use

This program will cover recent Hawaii case law, including the recent Hawaii Supreme Court decision regarding identifying the certified shoreline....

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Friday, July 11, 2014
Abercrombie Appoints Three to BLNR
By News Release @ 9:27 PM :: 3435 Views :: Hawaii State Government, Land Use

...Vernon Char, Ulalia Woodside and Christopher Yuen....

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Wednesday, June 25, 2014
Ninth Circuit Oral Argument In Bridge Aina Lea
By Robert Thomas @ 1:57 AM :: 3576 Views :: Development, Land Use

...the State Land Use Commission wrongfully amended the land use boundaries from urban to agriculture....

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Monday, June 16, 2014
Abercrombie Appoints Members to BLNR, HTA
By News Release @ 8:14 PM :: 4238 Views :: Hawaii State Government, Labor, Land Use, Tourism

Both are interim appointments subject to state Senate approval....

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Monday, June 16, 2014
Supreme Court Briefs in Bridge Aina Lea: Takings, Reclassification, and Orders to Show Cause
By Robert Thomas @ 7:26 PM :: 3539 Views :: Honolulu County, Development, Land Use

Here are the merits briefs in an important case set for argument later this month in the Hawaii Supreme Court....

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