The NOAA IR serves as an archival repository of NOAA-published products including scientific findings, journal articles, guidelines, recommendations, or other information authored or co-authored by NOAA or funded partners.
As a repository, the NOAA IR retains documents in their original published format to ensure public access to scientific information.
i
Climate Change And Regulatory Takings In Coastal Hawaii
-
2011
[PDF-1.58 MB]
Details:
-
Personal Author:
-
Corporate Authors:
-
NOAA Program & Office:
-
Sea Grant Program:
-
Description:The use and development of coastal property in Hawai'i is governed by a complex array of laws and regulations addressing a range of concerns, from protecting human health and safety from life-threatening natural hazards to preserving public access and scenic view planes. In Hawai'i and around the world, government agencies tasked with enforcing such laws must increasingly consider climate change impacts, which continue to emerge as a significant consideration. These climate change impacts - including rising sea levels and increased erosion - demand a solid understanding of climate change science and relevant law and policy. A critical aspect of the interaction between climate change and the law is the requirement under the U.S. and Hawai'i Constitutions that the government compensate private property owners for unpermitted "takings" of their properties for public benefit. This paper provides an overview of takings law, with a focus on "regulatory takings" in coastal areas. The purpose of this basic summary of the law is to provide background information to assist all parties in better understanding the steps in the legal analysis and critical facts for evaluating the potential merit of a takings claim. Courts regularly adjudicate takings claims in a wide variety of factual circumstances. This paper concludes by briefly examining related areas of the law that may assume increasing importance as climate change continues to affect shorelines in Hawai'i. These areas include the well-settled laws and regulations governing flood control and mitigation, the potential use of rolling easements in addition to shoreline setbacks to regulate development, and laws requiring the orderly removal of structures in shoreline areas, also known as managed retreat. In the future, both natural hazards from the changing climate and regulatory takings may figure prominently in Hawai'i's efforts to confront the challenges associated with global warming.
-
Sea Grant Document Number:HAWAU-T-11-003
-
Document Type:
-
Funding:
-
Rights Information:Public Domain
-
Compliance:Library
-
Main Document Checksum:
-
Download URL:
-
File Type:
