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Old 03-30-2009, 02:12 AM
Real Estate Agent
 
Join Date: May 2007
Location: Big Island of Hawaii
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cynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the rough
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Originally Posted by monkeychi View Post
Also, any input on proximity to nearby resources/amenities like theater/shopping/town activity, etc would be most helpful!
Are you familiar with Keaau and Pahoa? There is gas and some basic necessities available across the highway from HPP in Orchid Land, for other shopping you will need to drive to Keaau or Pahoa or into Hilo.
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Old 03-30-2009, 09:05 PM
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Join Date: Jul 2008
Location: Moku Nui, Hawaii
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hotzcatz is a jewel in the roughhotzcatz is a jewel in the roughhotzcatz is a jewel in the roughhotzcatz is a jewel in the roughhotzcatz is a jewel in the roughhotzcatz is a jewel in the roughhotzcatz is a jewel in the rough
Has your mom been to the area yet? Do not buy a house you haven't seen!! Buying a house is a huge expenditure and if you buy one without visiting the area first, then don't be surprised to find a rooster ranch or a lava tube either next door or in the middle of your yard.
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Old 03-30-2009, 11:51 PM
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What's wrong with a private lava tube? Assuming it's not currently in use by Pele.

Another serious question: can "skerry" neighbors get rid of you simply by planting some MJ on a corner of your property and reporting it? Then your land/house is confiscated, right? Or is Hawaii immune due to MJ growing semi-naturally?
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Old 03-31-2009, 12:44 AM
Real Estate Agent
 
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Location: Big Island of Hawaii
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cynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the rough
Quote:
Originally Posted by Heiwos View Post
What's wrong with a private lava tube? Assuming it's not currently in use by Pele.
Frequently Asked Questions

Lava tubes can be an attraction or conversation starter.

But check out the link above (scroll down to "What are Lava Tubes?") to see why they can be dangerous if you aren't aware they are there!
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Old 03-31-2009, 12:50 AM
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cynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the rough
Quote:
Originally Posted by Heiwos View Post
Another serious question: can "skerry" neighbors get rid of you simply by planting some MJ on a corner of your property and reporting it? Then your land/house is confiscated, right? Or is Hawaii immune due to MJ growing semi-naturally?
Check out this link: http://www.capitol.hawaii.gov/hrscur...0712A-0004.HTM

Ask an attorney for more specific information. Absentee owners need to be informed about this issue, especially if they own vacant land in remote areas.
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Old 03-31-2009, 01:10 PM
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Quote:
Originally Posted by cynmkolohe View Post
Check out this link: http://www.capitol.hawaii.gov/hrscur...0712A-0004.HTM

Ask an attorney for more specific information. Absentee owners need to be informed about this issue, especially if they own vacant land in remote areas.
Absentee owners need not be informed of this issue, not unless they are criminals committing financially profitable crimes.

In simple layman terms...
Note that this code is in reference to "subject to" not (automatic confiscation) in the context of a profitable crime, in other words; such crimes can be considered the method in which one was able to acquire the subject property and thus it might be confiscated because the property was acquired from the proceeds of criminal activity.


You cannot simply lose property because a little pot was found on your property... there lay a burden of proof on behalf of the prosecution to prove that the said property was acquired from the growth/sales of pot. (this is when you say… Thank God for our Constitution) If the laws of our nation were that far out of hand… no-one would buy vacant land. First it must be proven the pot was grown by you and you sold it, if that can be proven, then the courts may consider confiscating your property but thay would still have to prove you bought the land from money that you made growing and selling pot. That's a big giant stretch from simply finding a pot patch on you seldom visited parcel of land. Proof is not simple presence of pot on your land, it takes a whole load more than that.


If you're a hit-man or you kill someone for money/insurance fraud, inheritance or what have you and then you purchase a diamond ring, fur coat, car, house or whatever from those illegally acquired proceeds, the things purchased are subject to confiscation. That is what this code lists, it list the particular crimes in which a court may consider confiscation of property, but there still lays a burden of proof that says you acquired the property from the financial gains of that crime.
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Old 03-31-2009, 02:44 PM
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Join Date: May 2007
Location: Big Island of Hawaii
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cynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the roughcynmkolohe is a jewel in the rough
Indigo,

My post was not meant to imply that absentee owners would necessarily lose property if someone plants marijuana on their property. But owners of vacant land certainly do need to know about the possibility that this may happen. I lost a sale last year because Sellers disclosed that they had a problem with a squatter on an adjacent property planting on their lot. It may not be a common problem, but it does exist and buyers should be aware of it.

It is beyond the scope of the services I offer to give this sort of legal advice, so I prefer to refer possible buyers to an attorney so that they can get their questions answered in a professional manner.

Last edited by cynmkolohe; 03-31-2009 at 03:37 PM..
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Old 03-31-2009, 06:37 PM
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Thanks for the links! I especially like the pic of the bulldozer that fell into the lava tube. Good to know property can't be confiscated so easily. I remember that soon after that law started, a guy lost his yacht when a crewmember was seen smoking a joint on deck.
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Old 04-01-2009, 11:35 AM
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Hi,I also am thinking about buying a lot in the Big Island, probably Hawaiian Beaches. The selection is strictly location (near the water) since I have never been there. Can anyone shed some light regarding livability, security, weather, and of course volcanic VOG? Thanks in advance.
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Old 04-01-2009, 12:03 PM
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Cyn,

I agree, potential and present property owners should know that the problem exist with regard to growing pot on other folks property. Which I might add, I find interesting that it's not on a required disclosure form such as, the helicopter fly overs and the wonderful bologna disclosure about Couqui frogs (Our new and wonderful Evening Aloha Frog).

I myself have seen first hand signs of the pot issue also. I've another empty 3 acre parcel over on the south west side of the island below HOVE in a gated subdivision. I took a little hike one day down towards the ocean across a very large acre parcel that stretches down to the ocean, near 0 vegitation. About 1 mile down from the subdivisions into the large parcel I noticed some white 5 gallon buckets in the midst of nowhere under a little lava arch that led into a lava tube, each (the buckets) had rubber tubes inserted in them and it was obviously a drip irrigation setup and more than likely for growing pot out there. The current investment group corp that owns the parcel is obviously not responsible for them.
No doubt about it, the problem does exist though. We've another larger parcel aside the ocean below Pahoa in solid Jungle, that's the one to keep a close eye on...
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