Class Action Lawsuit to change Ag to Residential

[JerryCarr]

The Mayor and Council also recently raised property taxes on agricultural buildings. I don't know that this would necessarily result in more taxes on an ohana home on ag land, but it is something to consider. It at least might make it unwise to "disguise" your ohana as an ag building.

[Obie]

Check out the property on the corner of Kapoho Kai and Red Road.Three houses on a 5 acre farm lot.The other 2 houses are legally permitted as buildings for the farm workers to live in.

Another legal option for ag land would be to build a separate Ohana and connect it to the main house with a walkway and roof.This has been done also.

[John S. Rabi]

quote:

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Originally posted by KathyH
I'd love to be zoned for Ohana. I'd like to be able to CPR my land, too...when I moved here, CPR's were allowed. I think it was the last Planning Director who disallowed them.

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CPR was nothing else but legal loophole to basically change the zoning. It has never been intended for AG land. In fact, the Water Department never even recognized it and gave only one water meter for those properties. That of course opened another can of worms. Even the real estate professionals (and the not so professionals [][][]) were against the CPR for AG properties.

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)

[missydog1]

I know that, John, but I also know of numerous CPR property arrangements that work perfectly well, and one can get a submeter for the water.

You cannot get a permit for an additional farm dwelling without a substantial farm plan, Obie. Further, the County isn't interested in growth of crops to sustain the family. You need to have a commercial farm business to qualify.

Carol, I feel for you. I have a family member who lives across from a big farm for fighting roosters, and they are never quiet.

[Obie]

KathyH
The property I mentioned has basically no crops and about 6 goats.Occasionally there have been a few horses there.

[John S. Rabi]

quote:

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Originally posted by KathyH
I know that, John, but I also know of numerous CPR property arrangements that work perfectly well, and one can get a submeter for the water.

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I knew you knew, I basically posted it as info for others. BTW, as far as the Water Department is concerned, submeters don't exist. It's a private arrangement between the person who got the water meter and the other person. In case the other person doesn't pay the primary than the primary is on the hook for the full bill.

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
888.819.9669
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)

[Bob Orts]

If you buy property with an "A" zoning, shouldn’t one expect all allowable uses for that zoning to be potential neighbors? The zoning is what the zoning is, and I seriously doubt that the zoning on neighboring lands were secretly hidden from buyers. If you have your property rezoned from A to R, that won’t have any impact on the agricultural uses on neighboring properties if their zoning remains. Even if an entire area was changed, the current owners will still have the right to use the property as if under the old zoning until the sunset provisions of the change takes place, and in many cases that may be decades away.

If you begin that sort of here/there zoning change based on personal use of property, it could open changes beyond agricultural and residential. What if some gets changed to C or M? Are you prepared for that?