ocean front property (part II)

[Kapohocat]

quote:

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Originally posted by Bob Orts

quote:

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Originally posted by Kapohocat

Thanks Bob.

This is many people building on the shoreline run into. They actually get their cert shoreline survey, only to have the architect run behind.... the two almost have to be done simultaneously... but how do you know what you can build until you know how much land you have to build on.

And as I read this, I laughed because it's like the perfect storm - the high tide also has to happen M-F between 8 - 4 PM, too. Then because it has to be scheduled ahead of time, this is when the DLNR looks at the expected tide height to plan their trip (which is were the 3.2, 3.15 comes in.)and coordinate all the parties.

Yes, they do actually use the vegetation/debris line which here is usually one and the same. The case you listed was a sandy beach.

So HiDeb, there is your ans. Swim or walk makai to the vegetation/debris line in Kapoho.

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The essence of the ruling was that it does not matter what any agency says is the shoreline, how they determined that location, or anything else one may use, according to the court's review of the law, the shoreline is the "highest wash of the waves" that may be normally represented by the vegetation or debris line, but those do not officially establish the shoreline since it's the actual physical wash of the waves that determines the shorelines. This does exclude storm or abnormal washes.

The most important part of the ruling was that the waves themself establishes the line, and no government agency can shrink that line. They can expand it, but not shrink it..

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In theory, or given enough attorneys.... but many times IMHO only the depts bluff and the owners concede.

[Bob Orts]

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Originally posted by hawaiideborah

It seems that all those "private" walled off tide pools that folks have their cement lanais right up to are in fact areas where the public can snorkel. They may be private lands but the public is allowed on them per the shoreline access laws.
Am I correct on this one?

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No. The law establishes the shoreline and public right to access. What it does not do is create the legal boundaries defining what and where these are located. The law requires access but the County/State has to set the boundaries and access so everyone knows where they are. Look at it this way, it’s like the County/State saying that Hawaiians get a 50% reduction in property taxes but never define what is “Hawaiian”.

[Bob Orts]

quote:

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Originally posted by Kapohocat

In theory, or given enough attorneys.... but many times IMHO only the depts bluff and the owners concede.

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Individual owners, most certainly. [V]
Developers, they will usually call all the bluffs and win. []