Latest from Hawaii Land Use Law and Policy
Penn Central Presentation at 2020 Hawaii State Bar Association Virtual Convention
On Friday, October 16, 2020, I joined a panel at the 2020 Hawaii State Bar Association Virtual Convention on Regulatory Takings After Knick. I was surrounded by takings luminaries, but I held my own with an introduction to the Penn Central Test. Here it is.
Hawaii Supreme Court Defines "Potable" and "Brackish" Water — Resort Allowed to Water its Golf Course
The Hawaii Supreme Court has been creating new real estate and land use law over recent months, e.g., HawaiiUSA Fed. Credit Union v. Monalim, No. SCWC-16-0000807 (Apr. 30, 2020) (changing foreclosure math; concurring and dissenting opinion by Nakayama, J. in which Recktenwald, C.J., joins); and Haynes v. Haas, No. SCWC-16-0000570 (May 5, 2020)
Hawaii Supreme Court Changes Longtime Method of Calculating Foreclosure Deficiency Judgments
In a 3-2 decision, decided on April 30, 2020, in Hawaiiusa Federal Credit Union v. Monalim, the Hawaii Supreme Court took the opportunity to rewrite foreclosure law from the bench.
The Concurring and Dissenting Opinion (Nakayama and Recktenwald) summarizes the issue:
The Majority adopts a new rule that will change Hawai‘i’s traditional method of calculating
How will the U.S. Supreme Court's Expansion of the Federal Clean Water Act Impact Hawai'i?
In the County of Maui, Hawaii v. Hawaii Wildlife Fund, decided by the U.S. Supreme Court on April 23, 2020, the Court weighed in on a long-simmering issue: What test should apply to determine whether a permit is required under the federal Clean Water Act (CWA)?Essentially, “[t]he Clean Water Act forbids the ‘addition’ of any
2019 HCPO Law Presentation
Hawaii's New EIS Rules become Effective in August 2019, Here's What You Need to Know
The Office of Environmental Quality Control (“OEQC”) and State Environmental Council (“Council”) submitted the final proposed rules to the Governor’s Office in April 2019. Governor Ige announced that he plans to sign the rules on July 30, 2019, and the rules will take effect on August 9, 2019.
The new rules will repeal the existing
U.S. Court of Appeals 9th Cir. Reviews King County Metro Ad Policy: Controversial Terrorism Ad Gets a Pass
In Am. Freedom Def. Initiative v. King County, 904 F.3d 1126, 1129 (9th Cir. 2018), the court reviews King County Metro’s denial of a request to post a controversial ad on a King County Metro (hereinafter, “County” or “Metro”) bus. The court followed past decisions holding that a transit advertising program is a nonpublic forum. Consequently, the
Administrative Law 101
Elusive Affordable Housing Policy
My current work at the Hawaii Community Development Authority has me thinking a lot about affordable housing.
Halekauwila Place, an affordable rental project in Kakaʻako.
Among other things, the development guidance policy for the Kakaʻako Community Development District requires, “integration both vertically and horizontally of residents of varying incomes, ages, and family groups; and an