State Ex Rel. Kobayashi v. Zimring

*129DISSENTING OPINION OF

VITOUSEK, CIRCUIT JUDGE

This appeal involves the question of whether the State of Hawaii or the defendants-appellees/private landowners, are entitled to ownership of approximately 7.9 acres of land created by the Puna volcanic eruption of 1955. This new land was created as the 1955 Va flow overran the ocean front property of appellees’ predecessors in title and flowed into the sea. The majority has decided that title to the new lava extension is in the State of Hawaii and that the appellees are without interest in this land (apart from their interest as members of the…