Real Estate & Property Law

Government Brief in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext

By Robert Thomas

The County of Hawaii filed its Answering Brief (2.5mb pdf) in County of Hawaii v. Richards, No. 28882, the consolidated appeal from two eminent domain lawsuits filed by the County in 2000 and 2005.   

The issues in the case include:

• application of Haw. Rev. Stat. § 101-27 (1993), the statute that provides that the government must make a property owner whole and pay damages when an attempt to take property by eminent domain is discontinued or dismissed

• whether the government may concurrently prosecute more than one condemnation lawsuit at the same time

• the standards for demonstrating that the government's claim of public use is pretext to hide private benefit

The brief minus Appendix, is posted here.  The Opening Brief is posted here.  A link to the trial court's findings, along with a summary of the case is posted here.

Disclosure: I am part of the legal team representing the appellant/property owner.

Full post as published by inversecondemnation on May 17, 2008 (boomark / email).