Of late, residents in Kailua have bemoaned the state of public facilities to cope with an increasing tourist population. Public facilities created haphazardly over the last century can easily be overwhelmed with the increased traffic stemming from the ease of information about those facilities. "If you build it, they will come" gives way
Mark M. Murakami
Mark Murakami practices in the firm’s Appeals, Business & Commercial Law, Construction Law, Land Use & Eminent Domain, Litigation & Dispute Resolution, Real Estate, and Wills, Trusts & Estates practice groups. His focus is on complex commercial disputes, land use negotiation and litigation, environmental, and general civil litigation. He has appeared in all federal and states courts in Hawaii, most of the administrative boards and commissions, and is licensed in the U.S. Supreme Court, Ninth Circuit Court of Appeals and Court of Federal Claims. He is rated “BV” by Martindale-Hubbell, receiving a rating of 4.4/5.0.
Mark is the 2025 President of the Hawaii State Bar Association (HSBA). Hawaii’s attorneys selected Mark for this leadership role in a statewide election in late 2022. He subsequently served as the 2023 Vice President and 2024 President-Elect. Founded in 1899, the HSBA is a mandatory professional organization for active and inactive licensed attorneys in Hawai. Its mission is to unite and inspire Hawaii’s lawyers to promote justice, serve the public and improve the legal profession. Mark was first elected by his peers to the 21-person HSBA Board in 2012 and was elected Treasurer from 2014 to 2017.
Mark has been appointed to a leadership position in the American Bar Association Section of Litigation. He will serve as Co-Chair for the Real Estate, Condemnation & Trust Litigation Committee and will be responsible for programming and publications for the nationwide membership.
Mark has been elected as the Hawaii member of Owners’ Counsel of America (OCA), an exclusive association of the nation’s leading eminent domain lawyers. Eminent domain is the legal process by which the government acquires private property for public uses, most often by forcing the owner to sell it. Membership in OCA is by invitation-only, and limited to a single member in each state. Members are selected for their experience and dedication in defending the constitutional rights of private property owners in eminent domain, inverse condemnation, regulatory takings, and other property rights matters.
Mark was elected a Fellow of the American College of Real Estate Lawyers (ACREL). Admission to the College is by invitation only to lawyers who are distinguished real estate practitioners and who have contributed to the improvement of real estate law through a combination of speaking, writing, teaching, and serving on relevant boards and commissions. Founded in 1978, the College is comprised of more than 1,000 lawyers distinguished for their skill, experience, and high standards of professional and ethical conduct in the practice of real estate law.
Mark was awarded the CRE (Counselor of Real Estate) credential by The Counselors of Real Estate, an international association of experienced real estate practitioners including appraisers, lawyers, and brokers, who provide expert advisory services to clients on complex real property and land-related matters. Membership in The Counselors of Real Estate is selective and is extended by invitation only, attesting to the practitioner’s expertise and proven competence in his or her chosen area of real estate.
Mark once again was selected by his peers for inclusion in the 2025 Edition of The Best Lawyers in America® for his work in Commercial Litigation, Eminent Domain & Condemnation Law, Land Use & Zoning Law, Litigation-Land Use & Zoning, Real Estate Law, Trusts & Estates, Litigation-Real Estate, and Litigation-Trusts & Estates. He was also named the Best Lawyers® 2013 Lawyer of the Year Eminent Domain & Condemnation Law. Mark has been selected by Super Lawyers for over 10 years.
Mark was the Valedictorian of the Class of 1999 from the University of Hawaii at Manoa, William S. Richardson School of Law where he served as Articles Editor of the University of Hawaii Law Review. He has received numerous academic awards, including: Dean’s Scholar, Porter Scholastic Award (2 times); Awards for highest grade in Property I, Torts I, Contracts I, Corporations, and Professional Responsibility; Kono Award for Academic Achievement; Phi Delta Phi Professional Responsibility Award; HSBA Real Property and Financial Services Section Award.
He is also a graduate of the U.S. Coast Guard Academy in New London, Connecticut. He served for 13 years on active duty before joining the U.S. Coast Guard Reserve in 2005. During his time on active duty, he served on three different Coast Guard cutters, including command of a patrol boat in California. He spent four years assigned to the Fourteenth Coast Guard District Legal Office, prosecuting courts-martial, litigating cases in federal court as a Special Assistant U.S. Attorney, and advising Coast Guard officials on maritime, criminal, environmental and international law issues.
Mark has been awarded the Legion of Merit, the Defense Meritorious Service Medal, two Meritorious Service Medals, the Joint Service Commendation Medal, two Coast Guard Commendation Medals and four Coast Guard Achievement Medals. He retired in July 2022 as a Captain, culminating thirty years of active duty and reserve commissioned service.
To view his blog on federal litigation and maritime law, in and around Hawaii and Oceania, please visit: www.hawaiioceanlaw.com.
Mark was born on Maui and raised in Kailua, Oahu. He is a graduate of Kailua High School and was active in the Castle Performing Arts Center.
Coast Guard Announces Video of the Year Contest
This is a bit afield of our usual fare of condemnation, Jones Act and maintenance and cure cases. But, since it is the end of the year, we thought you may want to participate in the Coast Guard's Video of the Year contest. Vote here.
Being a former cutterman, I'm a bit partial…
A Mayor’s Take on Home Rule – Hawaiian Style
We came across this video on the National Park Service’s attempt to obtain a “ground water management area designation” for the Keauhou Aquifer System Area on Hawaii Island. The petition and supporting exhibits can be found here.
The County of Hawaii objects to such a designation which would keep the regulation of the…
https://www.surfandturflaw.com/2014/12/announcing-the-2015-american-law-institute-continuing-legal-education-seminar-on-eminent-domain-in-san-francisco-details-b.html
Announcing the 2015 American Law Institute Continuing Legal Education seminar on eminent domain in San Francisco.
Details below, "borrowed" from my partner, Robert H. Thomas, programming chair and blogger extraordinaire.
ALI-CLE 2015 Eminent Domain and Land Valuation Litigation & Condemnation 101 Agendas And Faculty Announced
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Ice breaking in Paradise – USCGC Polar star
Hawaii Real Estate Litigation Update – 2014
So, just in case you were wondering what new and important cases were issued by the Hawaii courts this year, you are in luck if you are a member of the Hawaii State Bar Association's Real Property and Financial Services Section. My partner Greg Kugle and I are presenting our 2nd Annual Real Estate Litigation.
Viral Outbreak in Hawaii – What Can the Government Do?
Ebola Victim in Hawaii? Thankfully, it appears not, but the potential for an infectious or viral outbreak prompted this disaster-law wonk to crack open my copy of the Hawaii Revised Statutes and see what the government can actually do in the event of such an outbreak.
Is the answer similar to what J.…
Fifth Circuit: No Punitive Damages for Unseaworthiness Claims
The Fifth Circuit, sitting en banc, held that punitive damages were NOT available for unseaworthiness claims. The case is Haleigh Janee McBride v. Estis Well Serv. and the original opinion can be found here. In a lengthy opinion, with multiple concurring/dissenting opinions, the panel found that the Supreme Court's decision in Atlantic …
A Look at the Proposed Constitutional Amendments on Hawaii’s 2014 Ballot
As we quickly approach Election Day, 2014, we thought it might be helpful to provide some history and analysis of the proposed amendments to the Hawaii Constitution to help voters get through the legal-ese.
Question 1: Relating to Disclosure of Judicial Nominees.
Shall the judicial selection commission, when presenting a list of nominees…
Cross Post w/ Robert Thomas- Hawaii’s Senate Race – What Happens Next?
Of all of the impacts of HurricaneTropical Storm Iselle – which whacked the Big Island but thankfully not the rest of the state last Friday — the one that may be the longest lasting may be that the Democratic Party primary election for the U.S. Senate seat vacated by the death of Dan Inouye…
