kapoho Vacationland

[microage97]

I have toyed with the idea of buying a lot and throwing up a low investment weekend shack. My question is, if your lot gets covered in lava, if it still yours?

[Rob Tucker]

Yep, you will still own your lava covered lot.

[terracore]

quote:

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Originally posted by microage97

I have toyed with the idea of buying a lot and throwing up a low investment weekend shack. My question is, if your lot gets covered in lava, if it still yours?

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The problem is that you will need a helicopter to access your property. Once the roads are gone there pretty much isn't any legal access to it.

[Lee M-S]

And you will still have to pay property taxes on it!

quote:

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Originally posted by Rob Tucker

Yep, you will still own your lava covered lot.

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[kalakoa]

Assuming you have a helicopter, you'd also need permission from County to land it there.

If you still own the property (eg, the imaginary lines on the map aren't destroyed by lava) then the roads must also still exist. People are building in Kalapana Gardens, somehow they created "access", so their roads are either "private" or "unpermitted", maybe both?

[microage97]

I would think the road easement should still exist on a paper some wheres and that you could traverse that ways. I do see what you mean about all the issues though.

[kalakoa]

The notion of "access" would also depend on the precise legal fiction which is the "road", so will vary widely depending on whether it's "deeded access" (a lot in the shape of a road), an "easement" (right of passage across another TMK), or an actual "public road" (in which case it's theoretically the government's decision to allow the "public" to access).

This "access" problem may have several parts, all of which must be satisfied until you reach some kind of "real road".

In the case of Kalapana Gardens, not all of the "roads" have been re-improved, and there's at least one house which has gated off the road, thereby denying others their access.