Who owns the newly created land due to a lava flow on a property that extends into the ocean?

Prepare for the Hawaii Real Estate State Exam. Study with comprehensive quizzes featuring flashcards, practice questions, and detailed explanations. Enhance your exam readiness!

In Hawaii, any newly formed land as a result of natural phenomena, such as a lava flow, typically becomes the property of the state. This is based on the principle of accretion and avulsion in property law, which dictates that when land is formed by natural processes like lava flows or sediment build-up, that land belongs to the state rather than the individual property owner.

When a continuous property extends into the ocean and lava creates new land, this process does not automatically extend ownership of the new land to the adjacent property owner. Instead, Hawaii law asserts that the state retains ownership of newly formed land to maintain public access and control over natural resources.

This approach is consistent with maintaining fair guidelines governing land use in areas of active geological change and ensuring that newly formed land is managed in a way that respects community interests and environmental health. Thus, the answer indicating that the state of Hawaii owns the newly created land is aligned with these legal principles and the state's interest in its geographic integrity and resource management.

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