Posts: 2,377
Threads: 124
Joined: Jun 2009
"I FURTHER DECLARE that pursuant to Chapter 127A-12©(12) Hawai#699;i Revised Statutes, the lava field created by the May 3, 2018 eruptive event including a fifty (50) yard safety buffer and further depicted as Exhibit “A” is a dangerous area and condition, therefore, the public is prohibited from entering or congregating there unless otherwise authorized by Hawai‘i Civil Defense Agency or unless authorized by Hawai‘i Civil Defense Agency."
http://bigislandnow.com/2018/08/31/mayor...clamation/
Posts: 3,212
Threads: 103
Joined: May 2009
So what are people going to do in response? The County keeps people from their homes and property and locks down public lands on the absurd notion that cooled lava is dangerous and we do ... nothing? How is it not clear that County is going to push people in Puna as far as they can to take advantage of them for its own gain?
Whether it's at the lava or at the Mayor's Office, Puna needs to pull together and say enough is enough. I for one will be there.
Posts: 14,116
Threads: 424
Joined: Aug 2012
Another 60 days of checkpoints and unlimited overtime? What's not to like?
Posts: 1,955
Threads: 100
Joined: Aug 2005
Ding, Ding, He didn’t put a time limit or conditions on it is a REGULATORY TAKING and the land owners are due compensation
Posts: 1,238
Threads: 39
Joined: Jun 2018
Cash grab for County employees or gross incompetence?
Posts: 403
Threads: 26
Joined: May 2012
Both.
Leilani Estates, 2011 to Present
Posts: 3,203
Threads: 108
Joined: Jun 2010
Someone has to violate the proclamation to return to their property, get fined, and then sue.
Posts: 998
Threads: 30
Joined: Feb 2012
I don't think you need to get fined in order to sue. If you have been unreasonably denied access to your property, I expect that you have the right to sue. Because it is a civil suit, the onus would be on you to prove both damages and that it was unreasonable. The former would be pretty easy, the latter might be a bit more difficult.
Me ka ha`aha`a,
Mike
Me ka ha`aha`a,
Mike
Posts: 1,522
Threads: 13
Joined: Apr 2014
Mike, it all depends on how much your mortgage is. Some mortgage amounts versus ones income could be quite unreasonable, given one would have keep current if house is habitable, along with renting another in the interim! Unless, of course the bank felt sorry for you and "froze" your mortgage. Add damages by squatters and losers, it could be quite a financial loss.
Community begins with Aloha
Posts: 14,116
Threads: 424
Joined: Aug 2012
Compare/contrast:
http://www.hawaiitribune-herald.com/2018...nce-sweep/
1. Unexploded munitions aren't "dangerous" enough to warrant evacuation and checkpoints;
2. People only have to vacate for 7 hours/day, don't need to find somewhere else to sleep.
