Summary
Ninth Circuit certified to the Hawaii Supreme Court the question of the applicable statute of limitations for a state constitutional takings claim under Haw. Const. art. I, § 20. The court found no clear controlling precedent and identified three possible limitations periods: the six-year catch-all (Haw. Rev. Stat. § 657-1(4)), the two-year period for claims against the state (Haw. Rev. Stat. § 661-5), or the two-year period for injury to persons or property (Haw. Rev. Stat. § 657-7). The certified question is determinative of the appeal because the plaintiff's takings claim accrued in 2011 but was not filed until 2017.
Topics
Practice areas
Questions Presented
- What is the applicable statute of limitations for a claim against the State of Hawai‘i alleging an unlawful taking of private property for public use without just compensation under Haw. Const. art. I, § 20?
Holdings
- The court certified the question because it is determinative, unresolved, and significant; the court declined to predict state law due to sparse authority and divergent approaches.
Key quotations
“What is the applicable statute of limitations for a claim against the State of Hawai‘i alleging an unlawful taking of '[p]rivate property . . . for public use without just compensation,' Haw. Const. art. I, § 20?” (at 603)
Factual background
The case involves approximately 1,060 acres of land in South Kohala, Hawaii. In 1989, the State Land Use Commission reclassified the land from agricultural to urban use for development, subject to affordable housing conditions. After ownership changes, the Commission issued a show cause order and in 2009 reclassified the land back to agricultural. The reclassification was later vacated by the Hawaii Supreme Court. DW had invested over $28 million developing the property and alleged the reclassification constituted a regulatory taking.
Procedural history
DW filed a takings complaint in Hawaii state court; State removed to federal court; district court dismissed as time-barred under two-year statutes; DW appealed. On appeal, Ninth Circuit certified the statute of limitations question to the Hawaii Supreme Court.