In case you missed it, here's what our City Council Chairwoman has to
say about the issue. She claims there are "many" public beach accesses,
yet ignores the fact that some aren't even marked clearly, and others
are more than half a mile apart. Marshall also apparently hasn't walked
along Kalaheo Avenue herself, or she'd see how dangerous certain
stretches of that road are for parents with children who have to to
avoid speeding cars as they walk further distances to reach those
public accesses. Also, why is it that if a property is a Land Court
parcel, it is somehow exempt from Hawaii State law as she seems to
imply below when she says "adverse possession" can't be applied? We
suggest you ask her these questions via email, phone calls or in person
at her next 3 TALKS meeting on Tues., Oct. 30 at the Kaneohe Community
and Senior Center.

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"Kailua Beach Access An 'Oil-and-water' Mix"

Written by Barbara Marshall for MidWeek Oct. 24, 2007 Issue

The Council is working actively to formulate policy on affordable housing, and we again urge residents to provide input into this very important issue. Meanwhile, the closing by homeowners of the private beach access at the end of L'Orange Place in Kailua has brought great emotion and
considerable controversy.

This is not the first time beach access has raised passions - and it probably won't be the last. The State Constitution guarantees the public's right to use all beaches in the state; the State Supreme Court - on numerous occasions - has upheld the public's right to beach access, and many state laws exist that task the counties with the responsibility of ensuring public beach right of ways.

Generally, no person or entity is allowed to prevent or otherwise restrict the public's use of an existing public beach right of way. Public beach rights-of-way are usually marked by a bright blue sign, but sometimes overgrowth or vandalism can render these signs illegible or obscure them completely. In addition to the numerous beach parks, there are many public beach rights-of-way in our district:

Kailua, Waimanalo

Mokulua Drive A, Ehukai Street, Mokulua Drive B, Hihimanu Street, Mokulua Drive C, Hinalea Street, North Kalaheo Avenue at Kawainui Canal, Kaula Street, North Kalaheo Avenue at Ainoni Street, Hilu Street, North Kalaheo Avenue at Dune Circle, Manana Street, North Kalaheo Avenue at Pueohala Place, Alaihi Street, South Kalaheo at Kuuniu Street, Puuone Street, Milokai Place and Wailea Street

Kaneohe

Ipuka Street, Kaimalino Street, Kaneohe Bay Drive Beach Remnant, Kaneohe Bay Drive A and Kaneohe Bay Drive B.

I have always supported the public's right to beach access and strongly encourage owners of private beach-access points, as many generous owners already do, to continue to allow the general public to use them. But this issue butts the rights of private property owners right up against the desires of long-time beach-access users - and this appears to be an oil-and-water mix at this point.

The city does not have any explicit ordinances regarding private beach-access points. When a property owner submits a building permit for the installation of, say, a gate across a private beach-access point, the process is purely ministerial - meaning that so long as the structure meets building and zoning standards, there is no review. This is not unlike a homeowner applying for a building permit to build a new fence around a property.

That does not, however, sit well with people who for decades have been using a specific path to get to their favorite beach. There has been talk of "adverse possession"-in some parts of the law someone who uses a parcel of land for a certain period of time can have some rights to continue to use that land. However, Hawaii's Land Court system does not allow "adverse possession"-and the L'Orange Place parcel is a Land Court parcel, we are told.

There are some private beach accesses that do allow use by the public-and some that never have. It is a sad day whenever an access which has been public is barred to the public.

If you will allow me a personal reminiscence: For years and years I walked in the very early morning, before sunrise, on a certain stretch of Kailua Beach accessing over an empty lot. I will never forget the morning I arrived for my usual walk to find a huge board fence stretched across "my" access. So I sympathize and empathize with those long-time users of L'Orange Place, and I wish I could regain my access and theirs as well.

But we are fortunate in this country to have private property rights that preclude uses of our own private land by people we do not choose to welcome. And the folks on L'Orange Place have exercised their right to no longer welcome the public. That is their privilege and the community's loss. We can only hope that other owners on other private ways do not follow suit- and be grateful that the lawmakers and the judges in our state have, at least, ensured that the beaches themselves remain public - and that there ARE public accesses to those beaches.

We had more than 100 people at our September 3 TALK to discuss this very issue. If you wish to discuss this or any city issue, we welcome you at any of our monthly 3 TALKs. The next one is at 7 p.m. Tuesday (Oct. 30) at Kaneohe Community and Senior Center.

Labels: Beach Access, Kailua, Legal Issues, Opinions

Posted by Editor at 10:53 PM | Permalink | Comments | links to this post

Dear Wendy:

Thank you for your message.

Both of the beach accesses mentioned in your email are privately owned. Unfortunately, it seems that public abuse over the years, and the property owners' concerns with liability, have resulted in the closure of the two beach entrances.

The acquisition of private property for public use, including the conversion of a private beach right-of-way, is challenging and unless the owners agree to sell it to the City, it involves City Council action authorizing the funding, condemnation, and acquisition of the property. Once acquired, it would be the City's responsibility to maintain the access.

While we yearn for days gone by when beach access was readily available and people were comfortable leaving their home doors unlocked, we do not have the luxury of those simpler times. Beach access must now be gained through the proper process. Unfortunately, faced with aging infrastructure and the City's limited resources, we cannot afford the purchase of these private right-of-ways at this time. In the meantime, we must utilize the public parks and beach accesses that are avalable in the areas.

Aloha,

Mufi Hannemann
Mayor

Note: The original letter to Mayor Hannemann can be read here.

Labels: Beach Access, Kailua, Legal Issues, Mufi Hannemann, Opinions

Posted by Editor at 9:22 AM | Permalink | Comments | links to this post

Today's Advertiser has a Letter to the Editor from Peter Dyer that is very relevant to public beach access. As some of you have suggested, implied consent and prescriptive easements give us a legal leg to stand on. Peter was part of the group that successfully fought to keep the Kuulei tract access open when a new landowner tried to close it off. He will speak at Thursday's Neighborhood Board meeting.

Here's the link to his letter:

Honolulu Advertiser - October 2, 2007

Labels: Beach Access, Kailua, Legal Issues

Posted by Editor at 2:54 PM | Permalink | Comments | links to this post

Dear Mayor Hannemann

My name is Wendy Watson-Erickson. My mother and father are Poni and Chuck Watson. My parents moved here in the 40's. My father was president of Hawaiian Dredging Construction Co. and was later a sculptor with pieces all over these islands. My mother was a well know realtor. We were the first family to move into Dune Circle. My father was friends with Sherry Dowsett who owned the land. We bought an old officer's quarters and my father separated it into the first 3 houses in Dune Circle. Sherry sold two of them and my father kept the 3rd. Soon Dune Circle built up and at some point talk of a gate being put up began to be discussed. My parents were vehemently opposed to it. They had always believed the beach accesses were for everyone. When I was 15 the first gate went up in Kailua to block a beach access from the public. We moved to Lanikai because that gate went up in Dune Circle. The aloha was gone as far as our family felt. Dune Circle was no longer home for us.

Kailua no longer seems like home to me who was born and raised here. I have been using the acccess at L'Orange for 23 years when I moved onto Kainui Place. Our family was friends with the Staple family on L'Orange. Everyone knew the Staples. Mrs. Staple ran a swim school where many Kailua families children, grandchildren, and great grandchildren learned to swim. They were eventually forced off o L'Orange by un-friendly neighbors who didn't like the parking from the swim school. A sad day for L'Orange.

As I drive up and down Kalaheo I see NO BEACH ACCESS signs on almost every road. This is a shame and the home owners on beach side Kalaheo should be ashamed of themselves. I am passionate about this issue and will not rest until ALL the gates are removed or at least open in the day time so Kailua citizens can access their beach.

It is not fair for the few landowners who live near the public accesses to have to carry the brunt for all of beach side Kalaheo. Their neighborhoods will have parking problems, loitering, trash, noise and other problems since those one or two public accesses that are marked and available to the public will be the only place for people to get to the beach. As it is, even those streets around the public accesses have put up rocks and trees to keep people from parking on there property. All the aloha is disappearing from our town.

How are our elderly supposed to get to the beach? They can't be expected to walk from where they park their cars blocks from the access hauling their beach things down a long public access. Which by the way, I could only find 3 as I drove Kalaheo today. They are way too far apart and some aren't even marked. And what about emergency vehicles. I would hate to need an ambulance or fire engine to help save myself or a loved one. They'd have to search for someone to open a gate.

This whole thing has gotten out of hand and we can no longer stand for it. Either they be forced to take the gates down, starting with Dune Circle, or they find some aloha in their hearts and open them in the daytime so their decent and deserving neighbors can get to the beach that belongs to all of us.

Please do not let this issue die because they say these are private lanes. If private, then let them arrange to get their own mail, water, electric and/or whatever other public services they accessing now. I am extremely upset also by the way a few of the L'Orange neighbors are behaving towards people who come down their lane. This has gone way over the edge.

Wendy Watson-Erickson

Labels: Beach Access, Kailua, Legal Issues, Mufi Hannemann, Opinions

Posted by Editor at 9:32 AM | Permalink | Comments | links to this post