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Kathy,it's almost hard to believe that all of this can happen to one person in a lifetime!
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Glen,I don't think just about myself.
And it will be useful to know how the system of a community taking your property works.
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None of the things allowed on AG is a problem if it does not impact you. I'm sure John the Architect didn't worry about any of those things in his day-to-day living. Of course, now one of them raised its ugly head right right next door to him. And, since it's AG zoned land, there is really nothing he can do to stop it.
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Bob,I still would like to know how it works - legally.
Possible scenarios?
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I think you are asking the wrong group of folks, we aren't professionals in land tenure or procedures. As far as I know, the only way someone can do a hostile takeover of land such as you are describing is done at a state or County level. As far as I know, (and I'm not a professional) a community group doesn't have the legal power to force anyone to sell. Why are you concerned?
"I like yard sales," he said. "All true survivalists like yard sales."
Kurt Wilson
"I like yard sales," he said. "All true survivalists like yard sales."
Kurt Wilson
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Thank you,Hotzcatz.
I am concerned because of what Rob said - see the quote. I assume he knows all this community stuff.
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I *believe* I know what stillhope is talking about. There was a fairly recent East Coast judicial decision that allowed a developer to take over a number of residential properties because the development would be "good for community". I recently heard that the development went bust. The landowners were screwed in that judicial decision. Private landowners lost, big time.
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mdd7000,
I remember that decision well. I could not believe it. It was one of the saddest days for private property rights that I have ever heard of.
Dan
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@StillHope
Which do you prefer more freedom or regulation?
In Hawaii as well as most of america you do not / can not hold allodial title to your land, the government and any formed community associations can affect your land. There was a case in Orchidland where one of the original owners BEFORE any "orchidland estates" even existed to maintain the roads etc, he held the title free of the association (As it didnt exists at the time ) well guess what, the association formed around him and the SUED HIM INTO THE ASSOCIATION...
If you want HIGHLY regulated land go live in the suburbs somewhere. I for one cannot believe anyone in puna complains about anything, you moved to freaking puna for crying out loud?
I for one think that if you own land, its yours, and the neighbors should shut up about what you are doing.
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Stillhope, there are a number of lots within Seaview that are owned by the community.... obviously those next door should be very aware that these lots are already planned for community services expansion in the future...
Any other lot can be developed as the property owner see fit, as long as it falls within that which is allowed by the community and the county zoning and all other applicable state & fed. regulations... ETA that is one of the main reasons why people buy properties with/or without certain restrictions... if you what restrictions on your neighbors, buy property that conforms to your goal of community.
If you are at all concerned about any development in your community, it is your right AND obligation to be an informed and active member of your community.... I keep seeing that you are dumping your obligation on this forum. You are finger pointing to those who may have other ideas or who have requested that you do your own research...
Mom always told me, anytime you point a finger on the one you think should do something, three fingers are pointing back at you. If you are this concerned, please get this involved in doing the research & the community work.... you may be amazed at what YOU will learn....
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quote:
Originally posted by StillHope
Bob,I still would like to know how it works - legally.
Possible scenarios?
If the government, community, or an individual wants to take your property for their own use, they will need to do it through eminent domain procedures. Basically they will say your property has a higher value for public good in the purpose they want to use it over the purpose your using it.
So, if government needs a fire station and they don't own land in the desired area and they can't buy or convince someone to grant them the property, they can use eminent domain to acquire the property to build the fire station.
If a community organization, individual, developer, or any non government entity wanted your property for their use, they would also have to show that their purpose is superior to your purpose and it's all for the public good. They will need to enter into an agreement with government. Government will follow the same eminent domain procedures and when they take it, they would assign, transfer or give it to whomever the deal was struck with.
Only government has the right to acquire property through eminent domain. Prior to 6/23/2005, there had to be a clear public use for eminent domain. Now, anything goes. Fortunately, most states have addressed the non public use problem. However, you are right to be concern since Hawaii is one of only 6 states that still allows eminent domain for any general public benefit (higher taxes, better looking houses, less smelly people, franchise restaurant, etc).
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