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12-23-2020, 04:02 AM
(This post was last modified: 12-23-2020, 04:36 AM by HereOnThePrimalEdge.)
A property owner in Leilani Estates began clearing a road to his land today, which includes part of Fissure 8. He wants to plant on his land, not build, but a group self appointed Protectors showed up to lie in the road, call the police, DLNR, County, and Pele. So far the authorities have said he’s not breaking any laws. Ikaika Marzo has a video on his page discussing both sides of the illusive issue. Then, in the comment section the people weigh in, for and against, with quite a few relaying Pele’s opinion on the subject.
https://www.facebook.com/ikaika.marzo/vi...7163728126
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12-23-2020, 03:00 PM
(This post was last modified: 12-23-2020, 03:38 PM by leilanidude.)
https://www.facebook.com/photo/?fbid=3696568253729017&set=a.267081976677679
If it works, that picture shows where the road is headed. Sam's lots would be on the right side of the road, on Fissure 8's slopes.
The issue is that the 4 lots that Sam owns, are on Fissure 8, on the right side and go to about 15 feet from the top. There is no rebuilding that can take place, nor is it going to be possible to rebuild his nursery operation. The land is literally hot and steamy, especially during and after any rain. The steam is hot (it is steam after all) and contains all kinds of nasty gasses in with it. Smells like sulfur, too.
This guy did go to the HOA a while back, asking them to remove the guardrail barrier that had been placed at the end of the road. HOA said no, but was taking it under advisement. Last week, the guy began posting impassioned pleas on the Leilani facebook group, telling folks he "just wanted to get back to his land". When asked what his intent really was, he got very defensive and evasive, refusing to answer questions from concerned folks. People are afraid that extending the road back out towards F8 will make it even easier for tourists, etc. to hike around the new lava areas.
Tuesday, the guy showed up with a hired excavator and a dozer and removed the guardrail barricade at the end of the street. He told residents that he had received permission from Civil Defense. Of course, people called Civil Defense to inquire and were told that Civil Defense did not give any permission...
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It's his land, until the county condemns it or he chooses to sell. He has a right to access it and make use of it.
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Ordinarily, that would be a valid answer to the issue. This is not so simple. It also involves Hawaiian beliefs and culture issues, plus some believe he is going to try and run tours, etc. One of his comments (since deleted) was that he wanted to doze a parking lot. AG is perfectly legal in Leilani. Running tours, is not.
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some believe he is going to try and run tours, etc. One of his comments (since deleted) was that he wanted to doze a parking lot.
If he did bulldoze a parking lot rather than a garden area and used it for tour parking, wouldn’t the Leilani HOA step in? If he did it without a County Special Use Permit, wouldn’t they stop him? Enforced by the police?
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(12-23-2020, 05:44 PM)HereOnThePrimalEdge Wrote: some believe he is going to try and run tours, etc. One of his comments (since deleted) was that he wanted to doze a parking lot.
If he did bulldoze a parking lot rather than a garden area and used it for tour parking, wouldn’t the Leilani HOA step in? If he did it without a County Special Use Permit, wouldn’t they stop him? Enforced by the police?
You would think so. However, there have been some residents whose lots border around Fissure * that have been allowing tour vans onto their property and then the tourists walk out onto the flow field and many even climb up F8. It is all private property which is why a few others have been putting up fences and no trespassing signs out on the lava. Pretty ugly to see the fences and signs out there. I am waiting for the first abandoned stolen vehicle to be burned next to F8.
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Hawaiian beliefs and cultural issues: no standing.
Parking lot: County grading/grubbing permit may be required.
Tours: requirements exist for "agricultural tourism" as defined, if the activity constitutes such "tourism".
Telling landowners what they can do with their land: good way to keep your economy down. Especially when that economy is "tourism-based".
County was supposed to have a plan to take these lots out of circulation to prevent exactly these sorts of problems. Instead, we all get to pay.
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some residents whose lots border around Fissure * that have been allowing tour vans onto their property
So the property owners don’t run a tour business, they provide a place for tour operators to park, in exchange for one would assume some renumeration. That would certainly make enforcement more difficult. However, if other property owners are already doing this, it would seem the problem is much larger than this one man, Sam, making his lots accessible.
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Look, this is all due to the county's inaction, leaving things up in the air and victims of the flow to fend for themselves. He can make a parking lot for the farm stand he's going to set up, no SUP required.
This is also America, so religious and political nuts can kindly not block the road while selling their BS and accumulating social media status. This guy is turning lemons to lemonade, good on him.
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That would certainly make enforcement more difficult.
Not really; County can simply choose to enforce any existing rules that might fit. Example:
park, in exchange for one would assume some renumeration
Ag tourism, home occupation, commercial parking lot. I'm sure there are others; the guy plans to make money, he had better pay for the privilege, because Hawaii is a MIRAB economy.
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