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.

--------------------------------------------------------------

"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

We are not sure whose "art" this is, but this sign was found next to the
sculpture by the Kalapawai Cafe in Kailua. Mahalo to the artist and
photographer!

Labels: Beach Access, Kailua, Opinions

Posted by Editor at 8:48 PM | Permalink | Comments | links to this post

The LA Times ran an Oct. 8 article about the Superferry brouhaha and
how it relates to bigger issues on Kauai -- including problems with
wealthy homeowners blocking public access on the Garden Isle:

"... Ham Young is in a legal fight with actor Pierce Brosnan, who owns
property in Wainiha Valley on the north shore. Brosnan, according to
Ham Young, owns several ponds that divert water from her family's
generations-old taro farm. (Brosnan's attorney says the ponds are
legal.)

"The island roils with stories of the rich buying and closing off easy
access to Kauai's prime spots, including long stretches of waterfront.
Many of the old dirt roads and foot trails leading to beaches no longer
exist or have been legally blocked by new landowners.

"All along Kauai's east shore, Huff, with her aunties in the back seat,
slows her truck to point out beaches where she used to play and swim.
'Private Property' and 'No Trespassing' signs hang between swaying palm
trees..."

Say it ain't so -- 007 is a villain on Kauai?! We're also hearing
stories about similar battles on the Big Island. As we've said before,
it's time for State-wide action.

Read the complete LA Times article here.

(First time visitors may have to register to access the site. Worth it though since the LA Times has a good Health Section, and interesting features on the entertainment industry.)

Submitted by Rich Figel.

Labels: Kauai, Opinions

Posted by Editor at 10:05 AM | 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

State law dictates that Hawaii's shorelines are public and access cannot be restricted, but houses, hotels, resorts and commercial buildings effectively block wide stretches of Oahu's coasts. Except for intermittent glimpses through park areas, even views of the ocean from beachside roads are few and far between.

So the recent conflict between public entitlement and private landowners about a right-of-way to Kailua Beach is a common episode, one that will be repeated until a sensible, enforceable policy is established to support the access law and existing standards for pathways are implemented.

Political leaders have struggled to satisfy private-public demands and haven't made beach access a priority, but failing to do so erodes the objective of keeping Hawaii's shores open to all.

Read the entire article at the Star-Bulletin here.

Labels: Beach Access, Kailua, Opinions

Posted by Editor at 8:35 AM | Permalink | Comments | links to this post

Last weeks Kailua Neighborhood Board was well attended. However, the Board has declined to take action on a gate installed at a private driveway blocking access to Kailua Beach but is asking the city to help prevent similar gates in the future.

Read the full article at the Star Bulletin website.

Labels: Beach Access, Kailua, Opinions

Posted by Editor at 1:19 PM | Permalink | Comments | links to this post

Kailua and the rest of O'ahu have thousands of private lanes leading to residents' homes. Did you know these lanes are co-owned by the private residents but the city charges no property taxes on them? The city should start doing that.

It only seems fair — after all, the public doesn't have the right to use them. If the city started billing the homeowners for these lanes, it's likely that some of these homeowners would then dedicate (give) them to the city so that they won't have to pay the taxes. The effect of dedicating them to the city is that those lanes would be opened up to the public. For those who decide to keep their lanes, and pay the taxes, the city will receive additional revenue.

One idea for the city's use of this new revenue could be to purchase oceanfront property in areas where there is limited beach access. Remember when former Mayor Frank Fasi bought beachfront properties along Diamond Head for the city? Aren't we glad we did?

Libby Tomar
Kailua

Labels: Beach Access, Kailua, Opinions

Posted by Editor at 1:16 PM | Permalink | Comments | links to this post

As a Kailua resident and avid beach user I am opposed to gates, walls or any obstructions to deny people access to our beaches. It is now common practice for homeowners to landscape with rocks and trees on public easements fronting their property to prevent beachgoers from parking near "their beach."

I thought the proliferation of walled estates was bad enough, these selfish residents are now encroaching on public property.
What will you do to ensure public rights-of-way are available to everyone in every neighborhood? What we need are more rights-of-way, not fewer. Or is the master plan to make Kailua like Portlock — a playground for the rich and famous?

Chris Windle
Kailua

Labels: Beach Access, Kailua, Opinions

Posted by Editor at 1:15 PM | Permalink | Comments | links to this post

Publicly-traded companies, developers, and hotels are diminishing shoreline access on Maui and the Big Island. Since the 1980s and accelerating into the 1990s, locals have seen some of their favorite beaches and canoe launching accesses altered and lessened in the name of development.

Let’s learn from that example and work to keep beach access open for pedestrian use as has been the custom for the past 40-50 years. Walking to Kailua Beach is a tradition and way of life for many. We will not take the lessening and diminishment of beach access lightly, for once one private access is closed, others will follow.

Kailua used to be (and I believe still is) a very different place from Malibu and Laguna Beach -- beach communities with gates, walls, and access for only the elite few. Kailua is different – yes, absolutely different, as we have come from the Hawaiian tradition of open beaches, access for all, and yes, “our aloha spirit.”

This is a time when we are being encouraged to “go green,” drive less, get cars off the road, and walk more. Taking away a beach access is taking away a resource that goes against the heightened environmental awareness we are encouraged to practice.

Gating and closing off beach access goes against the very root of Kailua.

I propose that we work as a community at a grass roots level on this vital issue. Let’s sit down with our neighbors on L’Orange, talk it out, and come to what is right, or “pono” for both sides.

Margy Grosswendt
Kailua Resident

Labels: Beach Access, Kailua, Opinions

Posted by Editor at 1:20 PM | Permalink | Comments | links to this post

This week I attended the meeting held by Barbara Marshall which shed light
on the new gate that went up on L'Orange and the potential for more gates to
be erected on private roads in Kailua and across the state. Ms. Marshall
suggested that we put ourselves in the shoes of those who put up the gate;
that we should consider what it would feel like if everyone cut through our
yard to get to the beach or everyone accessed the park through our backyard.
I don't live beachside or park side and never did when I was growing up
here, but I did cut through my neighbor's yard to get to the beach and
another neighbor's to get to the park, but my neighbors didn't seem to care.
If they were home, we'd said howzit and chat a bit. Maybe they didn't like
chatting with me, but they never said anything, and they never erected a
gate to deter me.

It must have been unspoken back then; if you choose to live by the beach you
choose to deal with the beach lifestyle, which is people hanging out and
relaxing, talking story into the night, barbecuing, whatever it might be.
And yea, it might be loud, late and raucous at times - it's the beach, our
playground.

About seven years ago I moved home from California. I wanted better for my
kids. I wanted to raise them in the warm, open environment that I grew up
in, where they would know their neighbors and could ride their bikes to the
beach for some good, clean fun. Our options to go to the beach in
California were 1) visit beachfront friends, 2) eat at a beachfront
restaurant, 3) pay to park at the beach, or 4) use the beach key that our
beachside friend had made for us. None were great; it felt elitist to have
the coveted key. I used to brag that all beaches in Hawaii are public and
everyone had access to the beach. I'd say, Hawaii is too welcoming and open
to close off beach access like Malibu; Hawaii beaches are for everyone,
whether or not you live beachfront. I used to carry on and on about Hawaii.

Don't get me wrong, I understand that you have the right to do what you want
with your private property and the installation of a gate is your right. I
understand that installing a barrier between our saying howzit and chatting
is also your right.

It just feels wrong.

Debbie Misajon
Kailua

Labels: Beach Access, Kailua, Opinions

Posted by Editor at 1:10 PM | Permalink | Comments | links to this post

Ano'ai me ke aloha kakou -- greetings to all gathered.

We are here representing members of the Aluli, Meyer and Souza 'ohana who would like to speak up in the name of kuleana. All of us at one time called Kailua our home. Most of us still call Kailua our home.

We've lived on or close to the ocean in Kailua for over fifty years. As native Hawaiians, our ancestors before us were sustained by the ocean since first coming to these shores thousands of years ago. Access was never an issue, taking care of the kai was.

Because we are a large family -- many of us have different opinions about access to the ocean in today's world. So often people using these accesses do so with no consideration of others, trashing, ignoring and abusing the privilege. At the same time, hostile looks, offensive signs, and locked gates can't be the solution. Is it possible to take a deep breath, have faith in humanity, step back and look at the underpinnings of the issue? Looking through a Hawaiian lens, we believe there is another place to focus. The Hawaiian word is kuleana.

Kuleana is about responsibility, personal responsibility.

We are talking to all of us, all sides of the issue. All parties must be considered, but most of all, our lands and ocean. As the most connected place on earth (we're isolated if you focus on land, but we're the most connected if you focus on ocean) we are a place that can model right behavior. And right behavior over time -- looking seven generations forward and seven generations behind us, how is our behavior holding up to our ancestors and our unborn great grand children?

How do we educate individuals to respect our land and ocean and care for it instead of desecrating it? How do we educate individuals to share something they don't own, but are caretaking for humanity? One idea is to incorporate a Hawaiian way. Actually all root cultures share this sentiment. The land is our Makua, our parent, to Hawaiians, our mother.

How do each of us in this room care for our mothers, or want to be cared for as a parent. We can transform this issue if we shift the focus from the end result, to the root issue. If everyone accepts kuleana for the way we behave and what we model to others and what we teach our children, we can stop the escalation of retaliation and reintroduce kindness and care of place and people.

We know Kailua is changing. Hawai'i is changing. The world is changing. Can we not refocus, recenter and reinvigorate models from the first people that welcomed all of us to these shores? Personal responsibility taken to heart, can transform our community. The change for Kailua can be a place where the continuity of kuleana is internalized and reflected in how we care for our mother -- our land and ocean. Let us forgive each other and try again.

Reprinted with the permission of Maile Meyer, owner of Native Books/Na Mea Hawaii

Labels: Beach Access, Kailua, kuleana, Opinions

Posted by Editor at 9:54 AM | Permalink | Comments | links to this post

Volunteer Jen Eisenberger contributed her opinion to the Star Bulletin. You can find the complete text of her opinion here:

Star Bulletin - September 30, 2007

Labels: Beach Access, Kailua, Opinions

Posted by Editor at 2:52 PM | Permalink | Comments | links to this post

Q. Aren't all beaches in Hawaii open to the public?

A. Yes, Hawaii's Supreme Court has repeatedly upheld the public's right to go to the beach based on our unique political and cultural history as an independent nation. Unfortunately, our right to beach access is being eroded. Beach front properties, military installations, private gates, and no trespass signs stand where paths once led people to the beach. Our growing population and unplanned development are challenging us to ind creative ways to live in harmony.

In recent years there have been an increasing number of cases involving "private" property rights versus public access. In Kailua, for example, residents had used the beach path at the end of L'Orange Place - a private lane - for decades. Then those homeowners decided to install a locked gate earlier this year. City Councilwoman Barbara Marshall says they were within their rights, and neighbors' claims of "implied consent" or adverse possession do not apply because L'Orange Place is a Land Court parcel. Other "public" beachside streets along Kalaheo Avenue have purchased their easements and put up locked gates, despite the fact our tax dollars pay for the upkeep of some of those roads.

In effect, private beachfront areas are being created when there are three or four gated roads next to each other, while residents and visitors are being herded towards the main beach parks.

Q. Isn't it a State law that there must be access every quarter mile of beach?

A. No. It's a City & County suggested guideline, that says where "reasonable" in "urbanized areas" there "should" be access every quarter mile. However, in Kailua at least two of the public accesses are more than a half mile apart.

Q. Why are more open beach access ways needed in Kailua, when there are already seven public rights-of-way?

A. Kalaheo Avenue is not pedestrian friendly. Stretches of it have very narrow shoulders that make it dangerous for children and even adults since there is a high volume of traffic. This presents a serious challenge to health and safety in the event of beach emergencies. We should also be encouraging people to walk more, and drive less. Each time a gate goes up, additional foot and car traffic is funneled toward the few remaining open roads -- which creates noise, litter and parking problems for homeowners near those accesses. If more accesses were open, the beach traffic would be distributed better.

Hawaii's Revised Statute ∫ 115 states that "the absence of public rights-of-way is a contributing factor to mounting acts of hostility against private shoreline properties."

Q. Where do our government officials stand on the issue?

A. City Councilwoman Barbara Marshall says she supports public access. But she has done nothing to help open up more access ways. She feels other parts of Oahu have worse beach access problems than Kailua, which may be true. BAH agrees those areas deserve more public rights of way too.

State Sen. Fred Hemmings says the City Council "has shirked their responsibilities" on public access, and contends it is the County's responsibility -- not the State's. Marshall points out there is nothing in the law stopping the State from acquiring more accesses, and notes that the State has more money to do so than the counties.

State Representative Cynthia Thielen says she supports public beach access for residents, and asked her homeowners association on Kai Nani Place to keep their gate unlocked during daylight hours for neighbors who wish to use that beach path. BAH applauds their voluntary decision, and wishes other private lanes would follow their example.

Mayor Mufi Hannemann says the City cannot afford to acquire easements to provide more public access. However, voters approved a City Charter amendment last year that actually sets aside money to purchase land for "access to beaches and mountains."

Police and Fire representatives have stated that gated access and poor signage deters their ability to provide rescue services. The longer the distance between access, the more our safety is at risk.

Q. What are the legal options to protect beach access?

A. The concept of "implied dedication" was used by the Kuulei Tract homeowners to argue that long-standing use of the Banyan Tree path implied the public had a right to continue using it. Rather than go through condemnation, Rep. Thielen negotiated to have an easement given to residents.

If easements in perpetuity cannot be negotiated with private road homeowners, condemnation of selected access ways may be the only legal solution at present. The City would have to negotiate the price to acquire the right-of-way and assume the costs of maintaining it. However, the Dept. of Land and Natural Resources does have a provision for the State to provide matching funds to acquire public accesses if the County asks for it.

Q. Does this affect local businesses?

A, Yes it does. Beach access directly affects both locals and visitors being able to use the public beaches for recreation and cultural practices. Hawaii's economy earns at least $800 million a year from ocean-based activities.

Q. Is compromise possible?

A. We hope so. Homeowners on private lanes cite crime and noise problems as a major reason they feel they need gates. But there is evidence that the gates actually contribute to more problems, not less as they create antagonism, are darker and un-patrolled, and invite people to challenge them.

While some individuals on gated roads, along with Rep. Thielen, have said they think it’s worth a try, others -- such as the majority of the L'Orange Place homeowners association -- have not shown any willingness to compromise. We hope that over time beach front residents will realize that it is in their benefit to maintain and share the historical beach access that the people of Hawaii depend on for health and happiness, that is a part of our local culture, and that has been mandated as a right of the people by the Hawaii Supreme Court. Let's get Aloha back to the beach access points!

Labels: Beach Access, Opinions

Posted by Editor at 8:47 PM | Permalink | Comments | links to this post

Ready to take action? Great! Click a link below to contact your elected official and let them know how you feel about the public's right to beach access. To find out who your City Council representative is, please go to: http://www.co.honolulu.hi.us/council/ccl.htm and check your district.

• Councilmember Barbara Marshall
• Representative Cynthia Thielen
• Governor Lingle
• Lt. Governor Aiona
• Senator Akaka
• Senator Inouye
• Mayor Mufi Hannemann

Labels: Beach Access, Opinions

Posted by Editor at 11:34 AM | 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