03-10-2021, 06:34 PM
(03-10-2021, 05:13 PM)kalakoa Wrote: Removing development rights is an unconstitutional "taking" for which County could expect to be sued.
I love the sound bite, but still...
The rezoning of portions of land is a constant. There is nothing about the development rights attached to one classification of land that is inherited when that land is reclassified, unless so stipulated. Sure, you can sue, but shouldn't expect anything to come out of the exercise other than a bill from your lawyer.
That's why the initial Kalapana Extension of HVNP failed. The folks down that side didn't like the idea of giving up their land use rights.
The reevaluation of our zoning laws in regards to lava zones is long overdue. It is now obvious that our one size fits all policies do not serve us as well as we would hope. If this wasn't clear when Pele repaved Kapoho, it sure became glaringly clear in the halls of government when Harry asked state to cough up 850 million to "reimburse" us for the folly of not being prepared for our volcanic hazards.
And now that they have proven themselves untenable, I suspect the days of our one size fits all policies are passing..