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Wednesday, January 27, 2021
Bridge Aina Lea: 9th Circuit Allows Case to go Forward
By Robert Thomas @ 4:42 AM :: 4114 Views :: Hawaii County , Development, Land Use

CA9: Property Owner's Hawaii-And-Federal-Law Takings Claims Are Timely

by Robert Thomas, InverseCondemnation, Jan 25, 2021

No surprises in the latest in a case we've been following.

After the Hawaii Supreme Court's decision concluding that the statute of limitations for Hawaii-law takings claims is six years (not the shorter limitations period argued by the State), the Ninth Circuit, as expected, today concluded in this short (3-page) unpublished memorandum opinion that the plaintiff's Hawaii-law takings claim was not raised too late, and also that the corresponding federal takings claim is also timely.

The court concluded that "there is no federal statute of limitations for federal takings claims against a state," but that the "analogous cause of action would be an inverse condemnation action under state law." That, as noted above, is six years.

In short, both the state and federal law takings claims were timely filed. The district court's judgment is reversed, case remanded for the merits.

PDF: DW Aina Lea Dev., LLC v. State of Hawaii Land Use Comm'n, No. 17-16280 (9th Cir. Jan. 25, 2021)  

UPDATE: Legislators have introduced these bills this session pertaining to statue of limitations for inverse condemnation claims. These bills will reduce it from 6 years to 2 years.

HB357: Text, Status

HB898: Text, Status

SB1052: Text, Status

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