Professor Shelley Saxer Quoted in "Maui Fire Lawyers Eye Tactic That Got Californians $13.5 Billion" -- Bloomberg Law
Professor Shelley Ross Saxer is quoted in the Bloomberg Law article, "Maui Fire Lawyers Eye Tactic That Got Californians $13.5 Billion." The article considers the legal argument of inverse condemnation, in which a property owner can sue the government for damages.
Excerpt from "Maui Fire Lawyers Eye Tactic That Got Californians $13.5 Billion"
Like other states, Hawaii has a provision in its constitution which says “private property shall not be taken or damaged for public use without just compensation.”
That language has been the foundation for inverse condemnation to be used in a variety of disputes, said Shelley Ross Saxer, a law professor at Pepperdine University, adding that it makes sense for lawyers to borrow from California’s experience because wildfire cases are new to Hawaii.
Saxer said the devastating impact on Maui property owners boosts chances the theory will get a warm reception at Hawaii’s highest court.
“It’s a very sympathetic case on which to push this,” she said.
The complete article may be found at Bloomberg Law