Agriculture land parceling regulations (Hawaiian Acres, Fern Acres: lease, buying, zoning)

[thuy4tien]

I'm thinking of buying 6 acre agricultural land (fee simple, Zoning: A-5A, original Patent Kuleana land) with a friend but would want it divide it so that @ would get 3 acres so that, if needed, I can sell my part in the future. The realtor states that this cannot be subdivided so this may pose a problem. Is this correct? I thought fee simple mean that it is yours once you buy it and can do what you want as long as you don't break any laws.
Would appreciate your input and advise as to where to go to double check what the late & regulations are regarding this.

Mahalo

[Jonah K]

Originally Posted by thuy4tien

I'm thinking of buying 6 acre agricultural land (fee simple, Zoning: A-5A, original Patent Kuleana land) with a friend but would want it divide it so that @ would get 3 acres so that, if needed, I can sell my part in the future. The realtor states that this cannot be subdivided so this may pose a problem. Is this correct? I thought fee simple mean that it is yours once you buy it and can do what you want as long as you don't break any laws.
Would appreciate your input and advise as to where to go to double check what the late & regulations are regarding this.

Mahalo

The realtor is pretty much correct. Here's what the relevant section (Chapter 25-5-71) of the Hawaiʻi County Code says...

Section 25-5-71. Designation of A districts.
Each A (agricultural) district shall be designated on the zoning map by the symbol “A” followed by a number together with the lower case letter “a” which indicates the required or minimum number of acres for each building site. For example, A-10a means an agricultural district with a minimum building site area of ten acres.
(1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.)

Since the zoning for that particular parcel is A-5A, the smallest allowable lot size is 5 acres. Of course, you can always attempt to get it rezoned; however, the fact that it is "patent kuleana" land might present a few obstacles. Here's a link to the "unofficial online version" of the Hawaiʻi County Code...
County of Hawaii - County Code

[Dreaming of Hawaii]

Since you are looking at buying land in Hawaii, you should research what "fee simple" and "leasehold" mean because you will see both of these terms apply to property. Basically, with fee simple you own the land and with leasehold you have a lease on the land. The lease has a specific time after which it must be renewed, often at a higher rate. There have been discussions of these terms on this forum.

Regarding permitted uses, I always recommend to talk directly with the County Planning Office and not just go by a realtor's word.

[whtviper1]

Originally Posted by Dreaming of Hawaii

Basically, with fee simple you own the land and with leasehold you have a lease on the land. The lease has a specific time after which it must be renewed, often at a higher rate.

And, with a leasehold you may not even get the option to renew - you just might have to walk away from the property empty handed.

[leilaniguy]

Fee simple is the only way to go, and look for property zoned AG-1, better chance to split.

[hotzcatz]

True, you can do what you want as long as you don't break any laws, however, the A-5A zoning is a law. That zoning only allows for the land to be made into five acre parcels at a minimum. Even if you bought 9.9 acres, you'd still not be able to subdivide unless you got the zoning changed. Which is NOT easy to do. However, if you get over 10 acres zoned A-5A, then you'd be able to subdivide although there's still some rules to follow for the sub-division process.

[Jonah K]

Originally Posted by hotzcatz

True, you can do what you want as long as you don't break any laws, however, the A-5A zoning is a law. That zoning only allows for the land to be made into five acre parcels at a minimum. Even if you bought 9.9 acres, you'd still not be able to subdivide unless you got the zoning changed. Which is NOT easy to do. However, if you get over 10 acres zoned A-5A, then you'd be able to subdivide although there's still some rules to follow for the sub-division process.

Actually, based on a close reading of Chapter 25-5-71 of the Hawaiʻi County Code, the zoning should be designated as "A-5a" (with a lowercase "a"), instead of "A-5A." Otherwise, that's a good example of the limiting effect of "A-5a zoning" on parcels of varying sizes.

[hotzcatz]

That's what I get for cutting and pasting, I guess.

If the OP is looking for a three acre lot, Hawaiian Acres runs in three acre parcels, don't they? Non sub-dividable, though. But no restrictions from the sub, so they can be pig farmers if they want.

[leilaniguy]

Seems like the simple solution is buy side x side lots. Lots of those in Hawaiian Acres, Fern Acres.

[Jonah K]

Originally Posted by hotzcatz

That's what I get for cutting and pasting, I guess.

Cutting and pasting? In my case, it was a "typo" that I didn't notice until I had my morning coffee.

Originally Posted by hotzcatz

If the OP is looking for a three acre lot, Hawaiian Acres runs in three acre parcels, don't they? Non sub-dividable, though. But no restrictions from the sub, so they can be pig farmers if they want.

The majority of the lots in Hawaiian Acres are three acre parcels; however, a few are a little larger and a few are a little smaller, according to Hawaiian Acres Community Association's website...
Hawaiian Acres - History

To "double check" and get a rough idea of the zoning in various parts of the Big Island, one could always consult the County Planning Department's "zone maps"...
Zone Maps -- County of Hawaii Planning Department