05-10-2017, 05:55 PM
There was significant support for my views on shorelines issues, but the majority of Punatalk commentators on this subject appeared to think that things are fine as is. I generally do not push issues that lack strong support and was going to end my postings with the observation that some 15-20 years ago, a bunch of folks protested the lack of access to Shipman Beach.
Several even got themselves arrested to make the point. Public sentiment for better shoreline access was strong then.
In doing a search for the protest, I got sidetracked by two Punatalk threads from 2009 on shoreline issues, links below. The threads are highly informative.
There is a good explanation from Obie on the unique situation at south Kapoho Bay:
Another deal is the earthquake in 1975 and the subsidence it caused. All of the tidepools at Kapoho are on private property. There were houses on them at one time and most of these people are still paying property taxes.
Most of the tidepools were never public beach or land. Edited by - Obie on 06/22/2009 18:35:53
This sounds like correct info, though another commentator pointed out there are also public tide pools. So there are both. (On the other Hawaiian islands, to my knowledge, there is not a similar situation of earthquake subsidence resulting in privately owned tidepools. There periodically is, though, the issue of landowners building a rock wall across a shallow cove and then asserting the cove is not a cove but a private fishpond or lagoon. So scrutiny is always needed.)
In Kapoho Bay, we also have the general situation of landowners using rocks walls at the water’s edge and other measures to discourage pedestrian passage along the shoreline. This exists at the outer part of the bay. So Kapoho Bay has private tide pools, public tide pools and the situation I described.
http://punaweb.org/Forum/topic.asp?TOPIC_ID=8936&whichpage=1
http://www.punaweb.org/forum/topic.asp?TOPIC_ID=8821
Also, someone also posted an important statute:
[§115-5] Transit area and public transit corridor defined. The right of transit ....However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the counties by condemnation shall establish along the makai boundaries of the property lines public transit corridors which shall be not less than six feet wide. [L 1974, c 244, §5
Important error above. not “shall” establish but “may” establish. Critical difference. (maybe text was a draft)
Correct 115-5:
§115-5 Beach transit corridor defined. (a) The right of transit shall exist seaward of the shoreline and this area shall be defined as a beach transit corridor. For purposes of this section, "shoreline" shall have the same meaning as in section 205A-1.
However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the counties by condemnation may establish along the makai boundaries of the property lines public transit corridors which shall be not less than six feet wide.
(b) Along beach transit corridors ... (says may require vegetation removal)
Several even got themselves arrested to make the point. Public sentiment for better shoreline access was strong then.
In doing a search for the protest, I got sidetracked by two Punatalk threads from 2009 on shoreline issues, links below. The threads are highly informative.
There is a good explanation from Obie on the unique situation at south Kapoho Bay:
Another deal is the earthquake in 1975 and the subsidence it caused. All of the tidepools at Kapoho are on private property. There were houses on them at one time and most of these people are still paying property taxes.
Most of the tidepools were never public beach or land. Edited by - Obie on 06/22/2009 18:35:53
This sounds like correct info, though another commentator pointed out there are also public tide pools. So there are both. (On the other Hawaiian islands, to my knowledge, there is not a similar situation of earthquake subsidence resulting in privately owned tidepools. There periodically is, though, the issue of landowners building a rock wall across a shallow cove and then asserting the cove is not a cove but a private fishpond or lagoon. So scrutiny is always needed.)
In Kapoho Bay, we also have the general situation of landowners using rocks walls at the water’s edge and other measures to discourage pedestrian passage along the shoreline. This exists at the outer part of the bay. So Kapoho Bay has private tide pools, public tide pools and the situation I described.
http://punaweb.org/Forum/topic.asp?TOPIC_ID=8936&whichpage=1
http://www.punaweb.org/forum/topic.asp?TOPIC_ID=8821
Also, someone also posted an important statute:
[§115-5] Transit area and public transit corridor defined. The right of transit ....However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the counties by condemnation shall establish along the makai boundaries of the property lines public transit corridors which shall be not less than six feet wide. [L 1974, c 244, §5
Important error above. not “shall” establish but “may” establish. Critical difference. (maybe text was a draft)
Correct 115-5:
§115-5 Beach transit corridor defined. (a) The right of transit shall exist seaward of the shoreline and this area shall be defined as a beach transit corridor. For purposes of this section, "shoreline" shall have the same meaning as in section 205A-1.
However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the counties by condemnation may establish along the makai boundaries of the property lines public transit corridors which shall be not less than six feet wide.
(b) Along beach transit corridors ... (says may require vegetation removal)