COM 0493.042 2000-2002 - Laserfiche WebLink

Home

$(LL ~o. 1 ~3 CO19~l0~dENTS ON DRAFT GENERAL PLAN TO: CHAIR PLANNING COMMITTEE BOBBY JEAN LEITI~EAD-TODD AND MEMBERS OF HAWAII COUNTY COUNCIL FROM: ANN SOUTI-NUICK DATTA~ SUI3JECT: GENERAL PLAN COMMENTS; CLARIFICATION OF TAKINGS LAW ~ .x: DATE: 6/20/200? v~~;:~.------ BY------._.._~_~-: ~ l'1 n tG y y . Good Evening, Chairperson, Members of the Hawaii County Council. My name is Ann Southwick Datta, an environmental attorney, resident of Kona, and Executive Director of the Kona Land Trust. I would like to accomplish two things with my testimony. First, I would like to commend the Council, Mayor Kim and Planning Director's Foresight and vision in helping to protect our island's resources by recogniztng important agricultural areas, increasing coastal conservation, and protecting Hawaiian cultural resources. Second, I would like to take a moment to discuss regulatory takings law. There has been some discussion and perhaps some confusion lately regarding takings and how changes in the General Plan may possibly constitute a taking requiring compensation to landowners. Hopefully I will be able to dispel some of this confusion. Regulatoey °I°akings As you know, the Fifth Amendment to the U.S. Constitution states that private property may not "be taken for public use without just compensation."` Traditionally, takings were compensated only when land was directly appropriated by the government. The Court has since concluded, however, that land-use regulations may also effect a compensable taking iE it interferes too severely upon ownership rights.3 The question that remains, however, is how far the regulation has to go to constitute a taking. t Licensed to practice in Washington, D.C.:uid Pennsylvu~ia z U.S. Const. Amend. V. s See Lucas v. South Carolina ~astal Council, 505 U.S. 1003, 1015 (199?); Palazzola v. Rhode Island, 121 S.Ct. 2448, 2457 (2001). 1~1~ I'do.,.,,.:~ Ref. ~o: Ref. I~~Iie ~