07-15-2009, 06:14 AM
quote:Well, there is a small (often overlooked) provision in the law that does allow the County to compel access outside the PASH decision. They can impose access on any property regardless of development or not. They can invoke this for those with 1,000+ acres or Grandma Jane’s 1/10th of an acre. However, when it was first raised as a way to force access on Oahu, the developers (their attorneys and relationship firm) not so kindly told the county that the provision does not limit access under this law to development property but to all lands. They said in no uncertain terms that if the County every attempted to use the law, they the developers would bring suit to force equitable enforcement on all land owners. I have found only scant mention of the law after that and none by government entities. The developers hold the cards until such time as the that portion of the law is repealed.
Originally posted by KathyH
Obviously I'm not an attorney, but from what I understand the laws about shoreline access don't require private landowners to create NEW access until such time as they want to get approval on some sort of development, pull a permit. Then the public access can be required as a condition of the approval.
In my new job, (I went over to the dark [}
] money [}] side) I am seeing why developers get what they want. They have the resources to find these laws that can be a pain to them and their profits, but will not stop them in the end. However, these laws can have a devastating impact on the individual property owners and government if push comes to shove. Call in extortion, blackmail, duress, or whatever, but if individuals what to use laws and threats of lawsuits to get what they want, they shouldn't whine when a developer or investment group does the same and trump the individual legally. [V]