11-06-2007, 06:40 AM
Re the "hidden secret" aspect of the pond -- like too many other places that have fragile ecologies and can't support a high number of visitors -- Champagne Pond ceased being any kind of secret once it was featured as "a real gem" in "Big Island Revealed."
Along with Ahalanui, these are the two most promoted swimming spots in Puna, by possibly the best-selling guide book to the island. Which book says nothing at all about behaving respectfully or packing out what you bring in, or respecting private property rights.
It also promotes the misconception that just because the shoreline belongs to everyone, that the public can decide what access to use.
Jeff, is not true that there is an absolute right to access the shoreline. There is a right to access the shoreline by traversing the edge of the shore or coming from water. On the Puna coast, that can be pretty difficult.
As for land access, public rights apply to specific "public access" routes that are designated. Otherwise there is no right to cross private property without permission of the owner.
If the State or County or DNLR omitted to secure public access from the public road system when it approved a subdivision or a development, then the public has a problem when it loses the good will of the private subdivision.
This is how I understand it currently, but I welcome being better educated on this complex subject.
I don't know what if any public access was dedicated across and through Kapoho Beach Lots via the private roads, and would love to know if anyone here has that info.
ETA
and remember that public rights over the shoreline only apply to the shoreline from the ocean to the mean high water mark. Anything mauka of that is private unless a wider public easement has been created -- such as along the cliffs of HPP. As I understand it.
Edited by - KathyH on 11/06/2007 10:44:30
Along with Ahalanui, these are the two most promoted swimming spots in Puna, by possibly the best-selling guide book to the island. Which book says nothing at all about behaving respectfully or packing out what you bring in, or respecting private property rights.
It also promotes the misconception that just because the shoreline belongs to everyone, that the public can decide what access to use.
Jeff, is not true that there is an absolute right to access the shoreline. There is a right to access the shoreline by traversing the edge of the shore or coming from water. On the Puna coast, that can be pretty difficult.
As for land access, public rights apply to specific "public access" routes that are designated. Otherwise there is no right to cross private property without permission of the owner.
If the State or County or DNLR omitted to secure public access from the public road system when it approved a subdivision or a development, then the public has a problem when it loses the good will of the private subdivision.
This is how I understand it currently, but I welcome being better educated on this complex subject.
I don't know what if any public access was dedicated across and through Kapoho Beach Lots via the private roads, and would love to know if anyone here has that info.
ETA
and remember that public rights over the shoreline only apply to the shoreline from the ocean to the mean high water mark. Anything mauka of that is private unless a wider public easement has been created -- such as along the cliffs of HPP. As I understand it.
Edited by - KathyH on 11/06/2007 10:44:30