4th supplemental proclamation from the King, enjoy

[Chunkster]

The Waikaloa ordnance sweep is a Federal project. If the state or county were in charge, it would be far more authoritarian and intrusive.

Edited to add: And it would cost twice as much and take three times as long.

[Guest]

quote:

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Originally posted by kalakoa

Compare/contrast:

http://www.hawaiitribune-herald.com/2018...nce-sweep/

1. Unexploded munitions aren't "dangerous" enough to warrant evacuation and checkpoints;
2. People only have to vacate for 7 hours/day, don't need to find somewhere else to sleep.

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Gives new meaning to the term Waikoblowa!!

Speaking Truth to Lies / Facts to Ignorance

[VancouverIslander]

quote:

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Originally posted by Tink

Mike, it all depends on how much your mortgage is. Some mortgage amounts versus ones income could be quite unreasonable, given one would have keep current if house is habitable, along with renting another in the interim! Unless, of course the bank felt sorry for you and "froze" your mortgage. Add damages by squatters and losers, it could be quite a financial loss.

Community begins with Aloha

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Tink, I agree that there are damages. The harder part to prove is if evacuation is reasonable at this point (for the record I think it is unreasonable, but proof is another question entirely).

Me ka ha`aha`a,
Mike

[ironyak]

IMHO, what we have is a conflict between state law (HRS 127A, HCC Chapter 7, especially 7-10) and Constitutional Law, in particular (1st amendment right of peaceable assembly, 5th & 14th amendment right to not be deprived of property without due process of law (and compensation), 5th amendment's freedom of movement).

Someone directly affected with standing would have to challenge their treatment - I know Leilani residents were looking at discussions with a Eminent Domain Lawyer - did anything come of this? Other thoughts on how people can directly push back on what appears to be state overreach?

[kalakoa]

it would cost twice as much and take three times as long.

For the first phase. The total project would run a minimum 3x cost, 5x duration.

conflict between state law (HRS 127A, HCC Chapter 7, especially 7-10) and Constitutional Law

Funny, I thought "higher law always pre-empts", just like when County and State ignored the LLEP statute.

[Tink]

Perhaps using the date the Feds used as to P.O. , HVNP, and other Federal sites as a start date when County was unreasonable in their demands would help.
It's funny how the Feds seem to not wanting to bother with strict accounting of where the Fed support goes, but that's another subject.

Community begins with Aloha
Edit: word "start"

[Durian Fiend]

Seems to me that Kim is taking his ques from the USGS on this.

If they say it's a hazard to be on the lava field or within 50 yards then is he not obligated to keep people away or risk a lawsuit?

Take your pick, it's the American way- a lawsuit waiting to happen.

[ironyak]

Mayor Kim is using USGS statements to his own ends. USGS saying that the flow field has hazards (unstable sharp rock making hiking a bit tricky) becomes the "flow field is extremely dangerous".

Hawaii Volcanoes National Park somehow has managed to allow many thousands of people to hike in the dark, out to flowing lava, even at the explosive ocean entries, and still have not been sued. Hundreds of people each year have sustained lacerations, abrasions, fractures, sprains, and strains, and over two dozen people have died, and yet no law suits against the national park. Why would the County incur any more liability, especially when the greatest hazard is some scraped hands and knees?

Hazards of Hawai'i Volcanoes National Park
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4244893/

[kalakoa]

Hawaii Volcanoes National Park somehow has managed to allow

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

[Guest]

quote:

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Originally posted by ironyak

So what are people going to do in response? The County keeps people from their homes and property and locks down public lands on the absurd notion that cooled lava is dangerous and we do ... nothing? How is it not clear that County is going to push people in Puna as far as they can to take advantage of them for its own gain?

Whether it's at the lava or at the Mayor's Office, Puna needs to pull together and say enough is enough. I for one will be there.

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Re-Elect Democrats!!

Speaking Truth to Lies / Facts to Ignorance