4th supplemental proclamation from the King, enjoy

[kalakoa]

Puna needs to pull together and say enough is enough.

This has been true for decades. County keeps abusing us, nothing changes.

[alohanaia]

quote:

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Originally posted by kalakoa
HVNP is explicitly "not part of County", so the King needn't concern his Royal Self with the liability issues.

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As large sections of HVNP were a gift to the US from the Nation of Hawaii, it's probably worth aaking, "Which King?"

[ironyak]

Seeb - Ding, Ding, He didn’t put a time limit or conditions on it is a REGULATORY TAKING and the land owners are due compensation

It's hard to see how it could not be a taking, as the owners are unable to use their homes as intended and are incurring losses due to having pay rent and possibly a mortgage on the unusable property. Since the lava stopped flowing and the gases massively decreased, it doesn't seem like an interest in public health or safety could be used as justification either.

https://www.law.cornell.edu/wex/takings
Is the regulation a taking under the Penn Central balancing test?
Here a court will look at 3 factors:
-The character of the governmental action involved in the regulation
--If the government's action is a physical action, rather than a “regulatory invasion,” then the action is almost certainly a taking
-The extent to which the regulation has interfered with the owner’s reasonable investment-backed expectations for the parcel as a whole
-The regulation’s economic impact on the affected prop owner

Noxious Use
Even if a government regulation is deemed a taking, it still may be viewed as justified, as long as it meets the noxious use test, also known as the Mugler-Hadacheck test. Under this test, a regulation adopted under the police power to protect the public health, safety, or welfare is not a taking, even if the taking reduces the value of property.

[bluesboy]

the proclamation was for the flow field, and everyone here seems to be talking about houses. the two are separate entities, so I don't know what all the fuss is about. am i misunderstanding something?

[ironyak]

The 4th proclamation extends the Emergency Declaration for another 60 days which is what allows the State & County to bar people from accessing their homes, both in Leilani under the mandatory evacuation, as well as the Pohoiki area kipuka.

Which leads to the question of what compensation is due to the home owners who have been restricted in the expected use of their private property because of County regulations i.e. a regulatory taking.

[kalakoa]

4th proclamation extends the Emergency Declaration for another 60 days which is what allows the State & County to

Collect more Federal emergency reimbursement dollars.

what compensation is due to the home owners who have been restricted

None -- they should have thought of that before County approved the subdivision and issued building permits.