08-24-2014, 11:11 AM
Tink, very well thought out post. Thank you. I cannot profess to know all the answers, still learning myself as laws change over here. In keeping "maka'ala" (aware) of western law, as kanaka maoli, must remember to also read for reference, old documents from Kingdom time.
Attorneys are just another opinion, that costs hard US dollars. Learned that they are vital to making sound decisions, however, an attorney can interpret written law differently from another. Thus, my belief is; the onus is upon us to do what is right in the end.
I trust all the landowners hold the same charge, with an attorney to assist them in the process. Ultimately, making decisions that not only help themselves, but their neighbors, and community, if possible.
You asked:
"I also understand ( I hope!) in reading, that by definition of SMA, all waterways that are fed by the ocean thru natural or permeable source are under the regulation of the SMA, and are to be accessible by the same rules as coastline. So, in effect, all dwellings within the SMA boundaries are similar to owning a condo. You own the house, the Feds own the land. Am I understanding correctly?"
Basically, that is my understanding. The Federal Government and State Government don't "own" the land, they still charge you for taxes, etc., however, they control and have jurisdiction over everything done in that SMA area.
JMO.
ETA: typo,need my glasses; lighting is poor.[
]
Attorneys are just another opinion, that costs hard US dollars. Learned that they are vital to making sound decisions, however, an attorney can interpret written law differently from another. Thus, my belief is; the onus is upon us to do what is right in the end.
I trust all the landowners hold the same charge, with an attorney to assist them in the process. Ultimately, making decisions that not only help themselves, but their neighbors, and community, if possible.
You asked:
"I also understand ( I hope!) in reading, that by definition of SMA, all waterways that are fed by the ocean thru natural or permeable source are under the regulation of the SMA, and are to be accessible by the same rules as coastline. So, in effect, all dwellings within the SMA boundaries are similar to owning a condo. You own the house, the Feds own the land. Am I understanding correctly?"
Basically, that is my understanding. The Federal Government and State Government don't "own" the land, they still charge you for taxes, etc., however, they control and have jurisdiction over everything done in that SMA area.
JMO.
ETA: typo,need my glasses; lighting is poor.[
]