Land Ownership Disputes Post-Volcanic Eruptions: A Case Study in Hawaii

The issue of land ownership in the aftermath of volcanic eruptions is a complex and contentious topic, particularly in regions like Hawaii. In this article, we explore the legal and cultural disputes over the ownership of new land created by volcanic flows, particularly focusing on the areas adjacent to existing plots in Hawaii.

The Legal Standpoint of the State of Hawaii

According to the State of Hawaii, the new land created by volcanic flows falls under its jurisdiction. In 2013, the State revised Title 28 508–33, directing that all land accreted by natural processes after May 20, 2003, becomes the property of the State. This official stance is grounded in the principle of natural accretion, which refers to land added to the shore or coast by natural processes such as sediments or volcanic flows.

Native Hawaiian and Hippy Punic Claims: An Alternative Perspective

Despite the State's claim, there are multiple groups, including Native Hawaiians and Hippy Punic residents, who are asserting their own rights to the new land. These groups are campaigning for what they call "Newland Hawaii," an alternative sovereignty claim where they seeks to create a new community.

Their efforts are not purely academic. They are actively engaging in community-building, issuing citizenship certificates for as little as a few dollars or a few coconuts. This initiative is not just a symbolic move but also a practical one, aiming to establish a new parallel society where they can exercise their rights and governance.

Case Analysis: Adjacent Property Owners and Their Rights

The question of land ownership in the vicinity of existing plots is often a matter of dispute. According to the legal framework, if the land adjacent to your property is covered by a volcanic flow, your land boundaries, as confirmed through a survey, remain unchanged. This principle is straightforward and straightforward when dealing with land that is inland or away from the coast.

However, the situation becomes more complex when dealing with waterfront property. If land is added to the ocean, it enters a grey area that requires careful legal and geographical considerations. High-water mark boundaries define oceanfront properties, and the addition of land here could idealistically add square footage to the existing property. Nonetheless, the State of Hawaii might still claim the additional land, but it could potentially grant an easement back to the original property owner.

Conclusion

The ownership of land created by volcanic flows presents a multifaceted challenge that encompasses legal, cultural, and practical dimensions. While the State of Hawaii asserts jurisdiction over such land, alternative claims by groups like Native Hawaiians and Hippy Punic residents add another layer to the dispute. Whether through legal frameworks or community-building initiatives, this issue remains a significant point of contention in the landscape of Hawaii.

Residents and interested parties should stay informed about the legal and cultural developments in this field to ensure their rights are protected and their communities thrive.