I've had the first edition for some time and always hoped a second was in the offing. So when I read today on land use attorney/blogger Robert Thomas's inversecondemnation.com that edition two is available I immediately placed my order.
“Callies has vibrantly depicted the complexity, conflicts, and conundrums of navigating land use laws and regulations in Hawai‘i in a clear and entertaining manner.” —Lea Hong, Hawaiian Islands Program Director, The Trust for Public LandFor those who don't know, author David Callies is Benjamin A. Kudo professor of law at the University of Hawai‘i, where he teaches land use, state and local government, and real property law.
“A clear and comprehensive review of Hawai‘i’s land use regulatory systems. The book effectively covers the broad sweep of State and County laws, ordinances, and processes, and how they interrelate.” —Dan Davidson, land use administrator
“A must-read for both neophyte and veteran legal practitioners. Callies’ in-depth and insightful explanations and commentaries on Hawai‘i’s complex land use and planning laws provide a road map for understanding the state’s multi-layered regulatory scheme.” —Benjamin A. Kudo, Ph.D.
“An excellent treatise on the thorny issues of unique land tenure, land rights, and land control in Hawai‘i.” —Henry Eng, FAICP
1 comments:
Here's a webpage that provides significant information on a particular subtopic:
How Hawaiian racial entitlements take away rights from private and government landowners in ways unique among the 50 states.
http://tinyurl.com/24zngaf
Here are the titles of each section.
Ordinary easements on property deeds
The "public trust" doctrine for water avoids being attacked as a regulatory taking because it is treated as merely a recent codification of traditional and customary usage in hawaii
The public trust doctrine for water slides quietly into a racial easement on public and private property because different traditional and customary uses are treated differently: taro takes priority over sugar and rice because of cultural practices and religious beliefs.
The hawaiian religion asserts a genealogical family relationship among the gods, the hawaiian islands, taro, and the ethnic hawaiian people. This religious belief is the core basis for demanding hawaiian sovereignty and for justifying all the racial easements on property rights described in this essay.
The pash decision is regarded as a racial entitlement to trespass.
Bones and burials
The ceded lands
Papahanaumokuakea -- the northwest hawaiian islands marine sanctuary and national monument
Attempted racial power grab to control and regulate all public and private lands through legislation on bioprospecting, including the right to collect a portion of royalties due to a landowner, for the exclusive benefit of ethnic hawaiians
Some examples of race-based ownership of entire areas of land
The impossibility of a global settlement of land claims in hawaii
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