06-22-2009, 02:29 PM
All beaches and shorelines to the highest water mark is public property under both State and individual County laws. (Note the court overruled the vegetation confusion). However, that does not mean the entire land comprising a beach is public; only to the standard set by the Hawaii Supreme Court. So a resort can have a beach and restrict access to the portion on the beach on their private property above the high water mark.
Access to that public land is not guaranteed under State or individual County laws. There's a complex set of laws and regulations concerning public access and it does not provide absolute access especially when private property rights are involved. Access depends on a lot of factors. Both government regulations and a whole heaping public/private cooperation is also involved.
But if the question is: are the shorelines public? The answwer is YES! If the question is: is public access guaranteed? The answer is no. As for "Beaches", Hawaii laws deals with public versus private property be it a sandy piece of land, rocks, tidal pools, marsh, etc.
Basically the shores may be public, but access may not be available via land.
Access to that public land is not guaranteed under State or individual County laws. There's a complex set of laws and regulations concerning public access and it does not provide absolute access especially when private property rights are involved. Access depends on a lot of factors. Both government regulations and a whole heaping public/private cooperation is also involved.
But if the question is: are the shorelines public? The answwer is YES! If the question is: is public access guaranteed? The answer is no. As for "Beaches", Hawaii laws deals with public versus private property be it a sandy piece of land, rocks, tidal pools, marsh, etc.
Basically the shores may be public, but access may not be available via land.