10-23-2007, 08:58 AM
When I went to the “Planning Department” to investigate a HPP shoreline lot - they brought out the files on the lot and the two adjoining lots. In the files of the lot for sale and the next adjacent “vacant” lot were TMK/PLAT maps with a “red penciled” line along the common property line - I was told that it signified a “shoreline access” and that “shoreline access” was required every 1,000 feet of shoreline. I was shown (but not given a copy - I did not own the lot) of a flyer of sorts that described a five foot access along the lot boundary from the road to the shore. I was told that if I bought the property and applied for a building permit - I would need to sign something that stated it would be my responsibility to insure that the five foot access would be available for “shoreline access” - no fencing - no plantings - NOTHING - within this five foot access. I would also have to “buy” a “shoreline access” sign that they have available and post it. This five feet also applied to the adjacent lot and would make a ten foot corridor - the roads in HPP are ten feet wide!
Section 34-7. Width of public access.
The public access shall have a minimum width of ten feet.
(1996, Ord. No. 96-17, sec. 2.)
I went and checked the “Grant Deed - Title” of the property - nothing about this. No easement - NADA!
I talked to the listing agent - why didn’t he know about this? It was “News” to him too.
Conference call with the owners/sellers - why didn’t they disclose this? It was “News” to them also!
We know that in Hawaii; the shore/beaches are state land and need to be accessible to everyone - We honor and respect this.
We do not condone the attitude “it’s O.K. for everyone else - but not in my backyard”; that is not how to make Hawai’i our home. We truly want to embrace Hawai’i and everything it has to offer - the good and bad - of it’s land, it’s culture and it’s people.
We bought the lot. We are willing to share our good fortune - are designing our home with “shoreline access” in mind - BUT - we have some questions? Punaweb might not have the answers but until we can get back - it’s a start.
I have scoured the internet and found a lot of information on “shoreline access”. It is described throughly in the following websites:
http://co.hawaii.hi.us/countycode/chapter34.pdf
http://www.hawaii.gov/dlnr/Public%20Acce...elines.pdf
I was going to cut and paste all that pertains but then this posting would be a BOOK. So , I only did a little and it’s still very long - Sorry.
In all the info. I’ve found “easement” seems to be the BIG word. An easement is a legal method of acquiring access to/thru property. I repeat myself - there is no “easement” on my deed/title. So how can the “County” arbitrarily draw a line on a map and make one? If it’s every 1,000 feet - who decides where it starts and ends?
In Hpp there are several areas designated for county parks along the shoreline with “shoreline access”. The only one the “County” recognizes at this time is along Beach Road - between the boulders and Kaloli - it is found on the following map “Puna District” “Shoreline Public Access Ways”:
http://co.hawaii.hi.us/planning/spa/puna/map1.html
The only way I found around individual easements was “Dedication of Access”.
Article 4. Dedication of Access.
Section 34-8. Subdivision of land.
(a) Upon review of a subdivision application, when it is determined that public access must be provided, the subdivider shall file the executed documents for dedication of the public access, free and clear of all encumbrances with the director.
PUBLIC ACCESS § 34-8
34-5
(b) Prior to final subdivision approval, the dedication documents shall be reviewed and approved as to its form and content by the appropriate agencies. The director may thereafter grant approval to the subdivision in accordance with the subdivision rules and regulations of the County.
© The public access shall be clearly designated on the final map of the subdivision in accordance with the subdivision rules and regulations.
(1996, Ord. No. 96-17, sec. 2.)
In all my searching so far - in HPP this never happened. All they did in 1996 or there about, was change zoning to allow homes to be built.
And if a dedication was done it further states that the “County” is responsible for improvements and maintenance.
Section 34-10. Responsibility for cost of improvements and maintenance.
Upon the acceptance of the dedication of land for a right-of-way for public access by the County, the County shall thereafter assume the cost of improvements for and the maintenance of the public access, unless
the subdivider or developer agrees to assume such cost and maintenance. Provided that when a right-of-way is
to be dedicated for public access pursuant to article 2, section 34-4(d) of this chapter, the County shall not be
obligated to maintain the public access until the entire length of the desired access has been dedicated to the
County.
(1996, Ord. No. 96-17, sec. 2.)
As I walked around HPP and “talk story” - I heard of problems with drugs,etc. associated with the open area at the end of “Ala Heaiu”. How do I avoid/diminish this happening in back/front of my home? The roads are only ten feet wide - What about parking? The access will be ten feet wide - how do I avoid/diminish parking along it? How come NOBODY knew about this? Is the “County” red pencil that strong?
In the end - we will make do as best we can and hope for the best - BUT?????????
Mahalo nui loa
Joey "O"
Edited by - Menehune on 10/23/2007 13:01:10
Edited by - Menehune on 10/23/2007 14:32:35
Section 34-7. Width of public access.
The public access shall have a minimum width of ten feet.
(1996, Ord. No. 96-17, sec. 2.)
I went and checked the “Grant Deed - Title” of the property - nothing about this. No easement - NADA!
I talked to the listing agent - why didn’t he know about this? It was “News” to him too.
Conference call with the owners/sellers - why didn’t they disclose this? It was “News” to them also!
We know that in Hawaii; the shore/beaches are state land and need to be accessible to everyone - We honor and respect this.
We do not condone the attitude “it’s O.K. for everyone else - but not in my backyard”; that is not how to make Hawai’i our home. We truly want to embrace Hawai’i and everything it has to offer - the good and bad - of it’s land, it’s culture and it’s people.
We bought the lot. We are willing to share our good fortune - are designing our home with “shoreline access” in mind - BUT - we have some questions? Punaweb might not have the answers but until we can get back - it’s a start.
I have scoured the internet and found a lot of information on “shoreline access”. It is described throughly in the following websites:
http://co.hawaii.hi.us/countycode/chapter34.pdf
http://www.hawaii.gov/dlnr/Public%20Acce...elines.pdf
I was going to cut and paste all that pertains but then this posting would be a BOOK. So , I only did a little and it’s still very long - Sorry.
In all the info. I’ve found “easement” seems to be the BIG word. An easement is a legal method of acquiring access to/thru property. I repeat myself - there is no “easement” on my deed/title. So how can the “County” arbitrarily draw a line on a map and make one? If it’s every 1,000 feet - who decides where it starts and ends?
In Hpp there are several areas designated for county parks along the shoreline with “shoreline access”. The only one the “County” recognizes at this time is along Beach Road - between the boulders and Kaloli - it is found on the following map “Puna District” “Shoreline Public Access Ways”:
http://co.hawaii.hi.us/planning/spa/puna/map1.html
The only way I found around individual easements was “Dedication of Access”.
Article 4. Dedication of Access.
Section 34-8. Subdivision of land.
(a) Upon review of a subdivision application, when it is determined that public access must be provided, the subdivider shall file the executed documents for dedication of the public access, free and clear of all encumbrances with the director.
PUBLIC ACCESS § 34-8
34-5
(b) Prior to final subdivision approval, the dedication documents shall be reviewed and approved as to its form and content by the appropriate agencies. The director may thereafter grant approval to the subdivision in accordance with the subdivision rules and regulations of the County.
© The public access shall be clearly designated on the final map of the subdivision in accordance with the subdivision rules and regulations.
(1996, Ord. No. 96-17, sec. 2.)
In all my searching so far - in HPP this never happened. All they did in 1996 or there about, was change zoning to allow homes to be built.
And if a dedication was done it further states that the “County” is responsible for improvements and maintenance.
Section 34-10. Responsibility for cost of improvements and maintenance.
Upon the acceptance of the dedication of land for a right-of-way for public access by the County, the County shall thereafter assume the cost of improvements for and the maintenance of the public access, unless
the subdivider or developer agrees to assume such cost and maintenance. Provided that when a right-of-way is
to be dedicated for public access pursuant to article 2, section 34-4(d) of this chapter, the County shall not be
obligated to maintain the public access until the entire length of the desired access has been dedicated to the
County.
(1996, Ord. No. 96-17, sec. 2.)
As I walked around HPP and “talk story” - I heard of problems with drugs,etc. associated with the open area at the end of “Ala Heaiu”. How do I avoid/diminish this happening in back/front of my home? The roads are only ten feet wide - What about parking? The access will be ten feet wide - how do I avoid/diminish parking along it? How come NOBODY knew about this? Is the “County” red pencil that strong?
In the end - we will make do as best we can and hope for the best - BUT?????????
Mahalo nui loa
Joey "O"
Edited by - Menehune on 10/23/2007 13:01:10
Edited by - Menehune on 10/23/2007 14:32:35