As you probably all know, on the Big Island of Hawaii there is a current lava flow into the ocean. It is dramatic, I wish I was there to see it live.
in this case I have no idea who the current upland owners are.
"normally" accretion on water bodies goes to the upland owners.... yes, that is brutally abbreviated, it depends.
Point at hand... is Lava, being a normal and natural action, also withing that kind of "rule"?
This has been going on for ages, and I am guessing "someone" is claiming ownership of the accredited land, and perhaps it has been litigated.
any ideas? (asking for a friend)
I'm wondering what happens when the Lava cools.?ÿ Assuming neighborhoods are covered how do you reestablish square miles of lots?
If the government owns the volcano, can you force the government to remove the cooled lava than has invaded your airspace? ??ÿ
The Hawaii rule is that it's owned by the Japanese:)
Pele owns the Volcano or something like that.
Maybe the Lava Flow is Navigable?
Pele owns the Volcano or something like that.
That is true but Government thinks it's a higher power
I'm wondering what happens when the Lava cools.?ÿ Assuming neighborhoods are covered how do you reestablish square miles of lots?
I am a Surveyor. I can do that... cakewalk. Contact is in the mail, retainer is Bitcoin.
"Hawaii lava flow accetion... who owns it?"
https://motherboard.vice.com/en_us/article/ywen3y/who-owns-the-new-land-created-by-a-volcano-in-hawaii-kilauea-big-island
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"Hawaii lava flow accetion... who owns it?"
https://motherboard.vice.com/en_us/article/ywen3y/who-owns-the-new-land-created-by-a-volcano-in-hawaii-kilauea-big-island
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awesome, thank you Sir
This probably the Best answer... but the Supremes could change that if they decide to review that one case
The Supreme Court is too busy developing the Law of Bakeries to deal in minor things like accretion.
I would think a Lava Flow is an avulsion so the State would retain ownership of the Tidelands.
The Supreme Court is too busy developing the Law of Bakeries to deal in minor things like accretion.
I would think a Lava Flow is an avulsion so the State would retain ownership of the Tidelands.
Bakeries = $$$
Ocean Front Land = $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
don't hold your breath
The Supreme Court is too busy developing the Law of Bakeries to deal in minor things like accretion.
I would think a Lava Flow is an avulsion so the State would retain ownership of the Tidelands.
The last major lava flow flowed into the sea off of National Park Service land, so federal law would be applicable.?ÿ Its not an avulsion?ÿ under federal law.?ÿ The federal theory behind avuilsion is that its still the same land. When land is eroded the actual land is taken away. When an avulsion occurs the land stays, but the river has moved with respect to it. A good test of whether its avulsion or erosion is to imagine a house on the land.?ÿ If the house would still be there its avulsion. If the house would have been washed away its erosion.?ÿ Of course some states have defined convulsion in much harder to prove ways.?ÿ
I had the opportunity to hike in to the 2005 flow and stick a wooden walking stick into molten lava - an incomparable experience. After about 20 minutes we realized that we were itching because it was raining sulfuric and hydrochloric acid on us from the ocean entry. The next day I found little holes burned in my T-shirt and shorts.?ÿAnyone who has hiked across this stuff after it cools realizes that no one cares who owns it - no one wants it. Its covered with tiny plates of silica glass. A minor brush against it with bare skin removes ALL the skin. SWMBO lost a large part of the skin on the back of her calf when she didn't step far enough... nasty stuff.
Mother Nature at work, Volcano State Park gains land by burning out their new acquisitions and covering them with lava flow.
Was hiking out there myself a few years ago. That entire area is covered in (fresh) lava flows. It might as well be a desert and you're right about it being as sharp and abrasive as knives. One memory stands out, not far from the coast after hiking more than a mile across the stuff we found ourselves standing on a metal roof flush with the surface of the lava. It took a minute or two to realize it was the roof of a school bus that had been swallowed. As far as who own what, I'd venture a guess that if the property was in private hands, it will remain so and any new lands created will be claimed by the State. Give it about 500-1000 years and I'm sure it will be prime real estate, until the next lava flow.
I'm wondering what happens when the Lava cools.?ÿ Assuming neighborhoods are covered how do you reestablish square miles of lots?
Coordinates!!!!?ÿ Sorry, this is one time I'm NOT digging for the original monuments that are certainly under there!
Old lava bed, fascinating. Little plants sprouted everywhere
Been there to the edge the last time I went, although it's off limits.?ÿ
Of course I asked, and the correct answer is the State of Hawaii.
For clarity on this, consider that the island of Ohau was once the size of the Big Island and got that way gradually. It lost its land mass by catatastrophic massive landslides due to the unstable nature of the layered and sloped lava.?ÿ
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Around here accretion has to be slow and imperceptable.
That lava flow is an evulsion.
And as such, any new land would belong to the Crown
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