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Thursday, April 18, 2013
Property Seized by Mayor: Supreme Court Declines to Hear Guam Case
By Robert Thomas @ 1:15 AM :: 3063 Views :: Judiciary, Land Use

...the case seemed like a good vehicle for the U.S. Supreme Court to revisit the pretext-in-eminent-domain issue it teased us with in Kelo....

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Wednesday, April 17, 2013
SB 1171 – Phased Archeological Inventory Surveys
By News Release @ 2:13 PM :: 4497 Views :: Development, Land Use, OHA
SB1171 was submitted in response to a recent Hawaii Supreme Court decision.  The City had argued that the Rail Project could conduct the Archeological Inventory Survey (AIS) in phases....
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Friday, April 12, 2013
“Let ‘Em Eat Cake” Comes to Hawaii
By Selected News Articles @ 1:03 PM :: 3882 Views :: Judiciary, Land Use

"Can it be that the idiots who evidently run the Hawaii Business magazine have never heard about the principle that statutes have to be constitutional?"

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Thursday, April 11, 2013
Legislature Repeals the PLDC
By News Release @ 1:55 PM :: 3258 Views :: Development, Land Use
...the law's no-bid contract provisions, the slant towards developing public resources instead of conservation, and the creation of a semi-autonomous agency exempted from routine oversight....
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Wednesday, April 10, 2013
Land Use: Making an Environment for Those With Means
By Robert Thomas @ 1:05 PM :: 6545 Views :: Environment, Development, Judiciary, Land Use, Cost of Living
...Others can live in Hong Kong-style apartments so I can enjoy my place in the country....
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Friday, March 29, 2013
Honolulu Rail and the Uniform Relocation Act
By Mark Murakami @ 12:54 AM :: 4066 Views :: Land Use, Rail
Because the HART rail project will involve federal funds, federal laws and regulations provide property owners (and their tenants) with additional statutory and regulatory protections....
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Thursday, March 28, 2013
ICA Hears Case Challenging State Ownership of Mineral, Geothermal Rights
By Robert Thomas @ 4:09 AM :: 4424 Views :: Judiciary, Land Use
HAWICA Appeal: Is A Mineral Right An Inherent Servitude, Or Must It Be Reflected In ‘Torrens Title’?
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Tuesday, March 26, 2013
Senate Resolution 133 Urging the State to Purchase Land from Dole Food Company
By News Release @ 1:06 PM :: 3638 Views :: Agriculture, Land Use

...these parcels will add approximately 22,500 acres of land to the 1,700 acres of Galbraith Estate agricultural land in Central Oahu....

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Thursday, March 21, 2013
Guam Mayor Seizes Neighbor's Land for Driveway
By Robert Thomas @ 11:34 PM :: 3330 Views :: Land Use
...an Agana, Guam property owner is alleging that a taking of his residential property so that his neighbor (the former mayor of Agana) could have a driveway....
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Thursday, March 21, 2013
Schatz Bill Would Expand National Parks in Hawaii, Pacific
By News Release @ 12:43 AM :: 4939 Views :: Environment, Congressional Delegation, Land Use

...the Pacific Islands Parks Act of 2013, would direct the National Park Service to complete studies of three designated sites in the state of Hawai‘i....

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Wednesday, March 20, 2013
Legislative Maneuver Sends PLDC to Secret Conference Committee
By Selected News Articles @ 5:14 PM :: 4110 Views :: Hawaii State Government, Land Use

All we have to do is pass the bill unamended, and we can move the PLDC repeal along to the final step. And then Senator Solomon announces she want to amend the bill....

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Friday, March 15, 2013
UH Federalist Society: "Litigating for Liberty: Non-traditional Public Interest Law."
By Robert Thomas @ 1:34 PM :: 3710 Views :: Judiciary, Land Use

Scott Bullock, the Institute for Justice lawyer who argued Kelo will be speaking next Monday at the University of Hawaii School of Law ....

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Thursday, March 07, 2013
Enviro Lawyers Off Target With Criticism Of Callies, Says Callies
By Robert Thomas @ 4:33 PM :: 4738 Views :: Environment, Judiciary, Land Use

...the environmental lawyers upped the ante by calling Callies a liar and a sell-out....

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Monday, March 04, 2013
How Liberals Live
By NCPA @ 1:20 PM :: 4561 Views :: Democratic Party, Land Use, Cost of Living

The Democratic Party has two reliable groups of adherents: the rich and the poor...Both groups have little use for the middle class....

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Monday, March 04, 2013
Mismanaged Federal Properties Cost Taxpayers Billions
By NCPA @ 1:13 PM :: 3017 Views :: National News, Land Use

Across the country, more than 75,000 buildings sit vacant or underutilized....

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Sunday, March 03, 2013
HNL Planning Director: "Public, Along With Private Property Rights, Are Our Top Priority"
By Robert Thomas @ 3:28 AM :: 3700 Views :: Honolulu County, Land Use

...In "City followed law in issuing Hao Street development permit," he makes some good points we don't usually see being made by government officials....

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Sunday, March 03, 2013
Video: The PLDC And Property Rights In Hawaii - A Panel Discussion
By Robert Thomas @ 3:20 AM :: 3857 Views :: Environment, Land Use

... University of Hawaii Law School panel about "The PLDC and Property Rights in Hawaii"....

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Thursday, February 28, 2013
Status Of Appeal Of Land Use Commission’s Koa Ridge Approval
By Robert Thomas @ 12:15 PM :: 4625 Views :: Agriculture, Land Use

...it is difficult if not impossible to overturn a land use district boundary amendment as contrary to IAL designation, when it does not yet exist...

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Thursday, February 21, 2013
Upcoming Event: The PLDC and Property Rights in Hawaii
By Robert Thomas @ 3:01 PM :: 3426 Views :: Land Use

Tuesday, February 26, 2013 from 7:15 - 8:30 p.m., at the University of Hawaii Law School ....

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Monday, February 18, 2013
Residences at Aina Haina: Jeff Stone's Plans in Wailupe Valley Opposed
By Selected News Articles @ 7:38 PM :: 7755 Views :: Honolulu County, Development, Land Use

Jeff and his wife Laurie Stone contributed $3000 to Kirk Caldwell's recent Mayoral campaign....

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Sunday, February 17, 2013
Do Property Rights Matter When the Environment is Going to Hell in a Handbasket?
By Robert Thomas @ 1:49 PM :: 3784 Views :: Environment, Land Use

Presented by the Environmental Law Program and the Federalist Society at 12:15 p.m. in CR1 at UH Richardson Law School Thursday, February 21....

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Saturday, February 09, 2013
Sen Thielen’s PLDC Repeal Bill Gutted and Replaced With ‘Recreational Renaissance’
By Selected News Articles @ 10:54 PM :: 3751 Views :: Environment, Land Use

...Somebody is playing a joke on Sen Thielen, making her oppose her previous proposal....

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Friday, February 01, 2013
Nobriga vs DHHL: Some Days You Get the Bull
By Robert Thomas @ 7:05 PM :: 4635 Views :: Agriculture, Land Use

Did you know that as a Hawaii landowner you own all unmarked or unbranded cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve months of age, which may be running wild on your land?

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Friday, February 01, 2013
Lanai to PUC: Murdock's Wind Waiver No Longer Valid
By News Release @ 1:09 AM :: 3877 Views :: Energy, Land Use

“The Commission granted Hawaiian Electric and C&C a waiver from competitive bidding based on, among other conditions, demonstrated ‘site control.’"

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Monday, January 28, 2013
Survey: Honolulu 3rd Least Affordable Housing on Earth
By Selected News Articles @ 1:08 PM :: 4626 Views :: Hawaii Statistics, Land Use, Cost of Living

Even in Honolulu, housing affordability has deteriorated markedly, with the Median Multiple rising 0.6 points in just the last year. Honolulu was less affordable than all but Hong Kong and Vancouver...

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Sunday, January 27, 2013
Hawaii Intermediate Court of Appeals Clarifies Zoning Appeals
By Robert Thomas @ 1:03 AM :: 3305 Views :: Land Use

...a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "decision of the Director"....

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Wednesday, January 23, 2013
Rep. Thielen Wants to Make Shoreline Access Law Permanent
By Rep Cynthia Thielen @ 4:41 PM :: 3905 Views :: Environment, Land Use

House Bill 17 is scheduled for its first hearing in the House Committee on Water and Land on Friday, January 25 at 8:30 a.m. in House Conference Room 325....

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Tuesday, January 22, 2013
Summary of Bills Repealing the PLDC
By Selected News Articles @ 3:44 PM :: 4261 Views :: Development, Hawaii State Government, Land Use

Repeal Bills:  SB 1; SBs 245, 246; SB 338; SB 425; SB 480; SB 663; SBs 780, 781; SB 866....

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Friday, January 18, 2013
Hawaii Supreme Court to Hear Another Shoreline Case
By Robert Thomas @ 9:34 PM :: 4174 Views :: Judiciary, Land Use

The Hawaii Supreme Court has accepted certiorari and agreed to review the Intermediate Court of Appeals' unpublished memorandum opinion in Diamond v. Dobbin....

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Thursday, January 17, 2013
Abercrombie: "Legislature May Need to Adjust Act 55 to Avoid Repeal"
By News Release @ 10:07 PM :: 4552 Views :: Environment, Development, Hawaii State Government, Land Use

"If the Legislature cannot achieve this outcome, the possibility of repeal will ensue."

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Wednesday, January 09, 2013
Pretextural Takings: Will Supreme Court Hear Guam Case?
By Robert Thomas @ 7:07 PM :: 4915 Views :: National News, Judiciary, Land Use

NFIB, CATO Instiutute, Owners' Counsel of America, and lawprofs James Ely, David Callies, Todd Zywicki, Randy Barnett, Eric Claeys, and D. Benjamin Barros -- have filed an amicus brief ....

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Friday, January 04, 2013
Supreme Court Agrees to Hear Sierra Club Koa Ridge Challenge
By Robert Thomas @ 4:10 PM :: 6821 Views :: Environment, Judiciary, Land Use

Intermediate Court of Appeals held that the Hawaii Senate's failure to confirm a sitting Land Use Commissioner for a second term did not disqualify him from office ....

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Sunday, December 30, 2012
Report: State Office of Planning to Become Super-PLDC
By Andrew Walden @ 7:56 PM :: 5664 Views :: Land Use, Rail

With protesters unleashing their fury on Abercrombie’s Public Lands Development Corporation, political insiders have been scheming.  And on December 28, they quietly announced their plan....

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Saturday, December 29, 2012
Kealakekua Kayak Rentals: DLNR Bans Small Businesses From Water
By News Release @ 1:07 AM :: 4382 Views :: Hawaii County , Land Use

"The proliferation and use of unpermitted kayak rentals being conducted at Napoopoo have resulted in concerns .... " 

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Friday, December 28, 2012
Full Text: "Leveraging State Agency Involvement in Transit-Oriented Development"
By News Release @ 5:57 PM :: 4041 Views :: Land Use, Rail

The report’s recommendations come after a series of meetings between state government officials, private sector leaders and non-profit representatives....

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Sunday, December 23, 2012
Two Hawaii Supreme Court Cases to Watch
By Robert Thomas @ 3:35 PM :: 5020 Views :: Ethics, Judiciary, Land Use
  • Blake v. County of Kauai Planning Comm'n,
  • Kanahele v. Maui County Council
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Sunday, December 23, 2012
Why Not Hunting?
By Tom Lodge @ 12:42 PM :: 4825 Views :: Environment, Land Use

In Hawaii, hunting has had a long tradition that for political reasons is being eradicated....

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Saturday, December 15, 2012
Court: Kawaiahao Subject to Burial Council
By Robert Thomas @ 12:59 AM :: 3458 Views :: Land Use

...Kawaiahao Church in Honolulu is not exempt from historic preservation review....

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Saturday, December 15, 2012
Supreme Court Slaps Down Maui County Takings Claim
By Robert Thomas @ 12:41 AM :: 4288 Views :: Maui County, Land Use

...the ICA held that property owners ... are not required to seek an amendment to the Community Plan in order to ripen their takings claims....

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Saturday, December 15, 2012
Guam: Mayor Seizes Neighbor's Land
By Robert Thomas @ 12:29 AM :: 4281 Views :: National News, Land Use

...the government condemned the appraised area, paying for it with compensation supplied by the Ungactas, and transferred it to the Ungactas....

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Wednesday, December 12, 2012
TPL, OHA Gain Control of Galbraith Estate
By News Release @ 11:58 AM :: 7582 Views :: Agriculture, Land Use, OHA

...Trust for Public Land assembled the $25 million purchase price from a variety of sources, including $13 million from a Hawaii state bond; $4.5 million from the U.S. Army; $4 million from the City and County of Honolulu; $3 million from the Office of Hawaiian Affairs; and $500,000 from D.R. Horton....

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Monday, December 03, 2012
ICA Mandates 'Contested Case' for Water Disputes
By Robert Thomas @ 7:26 PM :: 3729 Views :: Environment, Land Use

...The Hawaii Intermediate Court of Appeals held in this unpublished memorandum order that the Commission must hold a "contested case" hearing upon demand....

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Monday, December 03, 2012
Play by Play: Opening Day of Hoopili Litigation
By Selected News Articles @ 7:14 PM :: 3459 Views :: Land Use

In keeping with a long tradition in Hawaii that land use cases are litigated in court on procedural rather than substantive grounds, the opening skirmish in Sierra Club v. D. R. Horton was fought over whether one of the parties’ appeal in the case should be disallowed....

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Monday, October 08, 2012
Birth Of The Public Land Development Corporation – A travesty of the legislative process
By Selected News Articles @ 4:34 AM :: 5070 Views :: Hawaii State Government, Land Use

Many have asked how come none of the regular environmental and public interest watch-dog groups sounded the alarm earlier? How did such a law get passed?

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Monday, August 27, 2012
Enviros win 90% in Hawaii Supreme Court
By Robert Thomas @ 5:43 PM :: 14234 Views :: Environment, Development, Hawaii Statistics, Judiciary, Land Use

...the Hawaii Supreme Court "has managed to find in favor of Sierra Club, Friends of the Earth, Earthjustice ... 90% of the time, 70% of those decisions overturning the [Hawaii] Intermediate Court of Appeals....

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Tuesday, January 31, 2012
“Concerning Public Lands” 14 Executive Orders Suddenly Appear on Abercrombie Website
By Andrew Walden @ 3:55 PM :: 6034 Views :: Hawaii State Government, Land Use
Fourteen Executive Orders, dated between August and December of last year have suddenly appeared on the official website of Governor Neil Abercrombie....
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Friday, October 29, 2010
KoOlina and Hanabusa: Another land deal, another ex-cop, steroids, broken teeth, and Saigon Passion
By Selected News Articles @ 1:58 AM :: 10219 Views :: Ethics, Land Use, Law Enforcement, Politicians

Last year, Souza provided equipment used for a beach-cleaning contract at Ko Olina held by a company headed by Paul Hospodar, chief of security at the Ko Olina Resort, business records show….Hospodar was fired from the police force in 1995 for violent behavior and alleged drug abuse....

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Friday, October 16, 2009
OHA Trustees claim ownership of your drinking water
By Andrew Walden @ 7:39 PM :: 17992 Views :: Kauai County, Land Use, OHA

Thirsty? Get used to it. The Office of Hawaiian Affairs (OHA) now claims ownership of most of Hawaii’s fresh water.

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Tuesday, March 31, 2009
Supreme Court 9-0: "The Apology Resolution did not strip (the State of) Hawaii of its sovereign authority"
By Andrew Walden @ 9:29 AM :: 7393 Views :: Akaka Bill, DHHL, Land Use, OHA

How wrong is the Hawaii State Supreme Court?  Their unanimous decision just got unanimously reversed by the US Supreme Court....How did this case begin?  With OHA suing to block construction of affordable housing.  Why are Hawaiians leaving Hawaii?  Lack of affordable housing. 

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Sunday, December 07, 2008
Statement on Ceded Lands Issue
By News Release @ 12:52 AM :: 6422 Views :: Akaka Bill, Hawaii History, Hawaii State Government, Land Use, OHA
News Release from Governor's office responds to December 6, 2008 Honolulu Advertiser article. The Advertiser quotes Bill Meheula, a key player in Dan Akaka's 2006 reelection campaign and Lilian Kame'eleihiwa, of the UH Hawaiian Studies Dep't who ague that OHA has a claim to ceded lands and seem to imply that the State has taken a new position in its appeal to the US Supreme Court requesting the Court overturn the Hawaii Supreme Court ruling blocking the state from selling ceded lands.
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