10-21-2007, 07:30 PM
thanks for explainging sbaker ...
I ran a search or two and found a few documents you might like to look at.
Hawaii Revised Statutes
HRS §115-4 & HRS §115-5)
http://www.capitol.hawaii.gov/hrscurrent...5-0005.htm
[§115-5] Transit area and public transit corridor defined. The right of transit along the shoreline exists below the private property line which is defined as being along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the debris left by the wash of waves.
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]
_________________________________
HRS 205-A
Special Management Area Guidelines (if you are in an SMA)
http://www.capitol.hawaii.gov/hrscurrent...A-0026.htm
___________________________________
Hawaii County Code Chapter 34 -- Public Access
http://co.hawaii.hi.us/countycode/chapter34.pdf
__________________________________
a statement from the DNLR:
http://www.eng.hawaii.edu/~hals/Shorelin...0Young.pdf
"we recognize the importance of lateral shoreline access over state-owned lands for recreation, native gathering practices and other purposes.
State law states that the right of access to Hawaii's shorelines includes the right of transit along the shorelines. (HRS §115-4) The right of transit along the shoreline exists below the private property line. (HRS §115-5)
_______________________________
DLNR
http://www.hawaii.gov/dlnr/Public%20Acce...elines.pdf
Public Access on Beaches and Shorelines
• The public has a right of access to and along all beaches and shorelines in the State situated below the
"upper reaches of the wash of the waves." HRS Secs. 115-4 & 115-5.
• Generally, the Counties have the primary authority and duty to develop and maintain public access to
and along the shorelines. HRS Secs. 46-6.5, 115-5 & 115-7.
• The State's primary role in the shoreline area is to preserve and protect coastal resources within the
conservation district and support public access along and below the shoreline. HRS Chap. 205A.
• In limited circumstances, the State, under its Na Ala Hele Program, is responsible for management
and maintenance of public rights-of-way that are part of the Na Ala Hele trail system of "ancient
trails" that are identified and established public trails with documented historical use and significance.
Unlike other public rights-of ways that may exist by virtue of an easement, the Na Ala Hele trails are
owned by the State and may lead to and from the shoreline and also provide lateral access along
shorelines. HRS Sec. 264-1.
• An inventory of public rights-of-ways should be available at the respective County planning offices
and a list of Na Ala Hele trails are available at DLNR's Na Ala Hele Division.
• Members of the public seeking the establishment or enforcement of public beach access should seek
the assistance of the appropriate County agencies tasked with that responsibility.
• The State, and DLNR in particular, has been eagerly supportive of County efforts to establish and
maintain public access.
• If private homeowners are obstructing existing public rights-of-way to the shoreline, HRS Sec. 115-9
provides a remedy and up to a $2000 penalty for that kind of situation.
§115-2 Acquisition of lands for public rights-of-way and public transit corridors.
When the provisions of section 46-6.5 are not applicable, the various counties shall purchase land for public rights-
of-way to the shorelines, the sea, and inland recreational areas, and for public transit corridors where topography is such that safe transit does not exist. [L 1974, c 244, §2; am L 1977, c 164, §4]
[§115-3] Criteria for public rights-of-way. A distance at reasonable intervals taking into consideration
the topography and physical characteristics of the land the public is desirous of reaching is established as
the maximum between public rights-of-way for the purposes of this chapter. [L 1974, c 244, §3]
§115-4 Right of transit along shorelines. The right of access to Hawaii's shorelines includes the right of
transit along the shorelines. [L 1974, c 244, §4; am L 1991, c 37, §2]
[§115-5] Transit area and public transit corridor defined.
The right of transit along the shoreline exists below the private property line which is defined as being along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the debris left by the wash of waves.
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]
[§115-7] State and county co-sponsorship of programs. The department of land and natural resources
shall enter into agreements with the council of any county providing for the acquisition of public rights-
of-way and public transit corridors pursuant to this chapter; provided that the county shall match the funds
which have been appropriated by the legislature. The development and maintenance of the rights-of-way
and public transit corridors shall be the responsibility of the county. [L 1974, c 244, §7]
[§115-9] Obstructing access to public property; penalty.
(a) A person commits the offense of
obstructing access to public property if the person, by action or by having installed a physical
impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area; or
(3) A public transit corridor;
and thereby obstructs access to the sea, the shoreline, or any inland public recreational area.
(b) Physical impediments that may prevent traversing include but are not limited to the following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards; and
(7) Guard dogs or animals.
© Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $1,000 for a second conviction; and
(2) $2,000 for any conviction after a second conviction.
(e) As used in this section:
"Person" means a natural person or a legal entity.
"Public recreational area" means public lands or bodies of water opened to the public for recreational use.
[L 2004, c 169, §2]
[§46-6.5] Public access.
(a) Each county shall adopt ordinances which shall require a subdivider or developer, as a condition precedent to final approval of a subdivision, in cases where public access is not already provided, to dedicate land for public access by right-of-way or easement for pedestrian travel
from a public highway or public streets to the land below the high-water mark on any coastal shoreline,
and to dedicate land for public access by right of way from a public highway to areas in the mountains
where there are existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding, and other recreational
purposes, and where there are existing mountain trails.
(b) These ordinances shall be adopted within one year of May 22, 1973.
© Upon the dedication of land for a right-of-way, as required by this section and acceptance by
the county, the county concerned shall thereafter assume the cost of improvements for and the
maintenance of the right-of-way, and the subdivider shall accordingly be relieved from such costs.
(d) For the purposes of this section, "subdivision" means any land which is divided or is proposed
to be divided for the purpose of disposition into six or more lots, parcels, units, or interests and also
includes any land whether contiguous or not, if six or more lots are offered as part of a common
promotional plan of advertising and sale.
(e) The right-of-way shall be clearly designated on the final map of the subdivision or development.
(f) This section shall apply to the plan of any subdivision or development which has not been
approved by the respective counties prior to July 1, 1973. [L 1973, c 143, §2]
When the shoreline erodes, lateral access is not lost; instead, the State’s acquires title to the newly eroded lands. (Application of Sanborn, 57 Haw. 585, 562 P.2d 771 (1997)) In other words, the public continues to have access along the shoreline to the upper reaches of the wash of the waves.
____________
Some case law involving PASH
http://www.hawaii-nation.org/pash.html
Sections 4 and 5 contain an historical overview of the evolution of private property in Hawai`i that I find very educational.
Hope some of this reading helps ...
Did not stumble on anything specific to HPP yet, but there is plenty of reference in this material to shoreline areas that consist of cliffs running along the high water wash, which I believe would apply to HPP.
Edited by - KathyH on 10/22/2007 09:21:04
Edited by - KathyH on 10/22/2007 09:24:34
I ran a search or two and found a few documents you might like to look at.
Hawaii Revised Statutes
HRS §115-4 & HRS §115-5)
http://www.capitol.hawaii.gov/hrscurrent...5-0005.htm
[§115-5] Transit area and public transit corridor defined. The right of transit along the shoreline exists below the private property line which is defined as being along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the debris left by the wash of waves.
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]
_________________________________
HRS 205-A
Special Management Area Guidelines (if you are in an SMA)
http://www.capitol.hawaii.gov/hrscurrent...A-0026.htm
___________________________________
Hawaii County Code Chapter 34 -- Public Access
http://co.hawaii.hi.us/countycode/chapter34.pdf
__________________________________
a statement from the DNLR:
http://www.eng.hawaii.edu/~hals/Shorelin...0Young.pdf
"we recognize the importance of lateral shoreline access over state-owned lands for recreation, native gathering practices and other purposes.
State law states that the right of access to Hawaii's shorelines includes the right of transit along the shorelines. (HRS §115-4) The right of transit along the shoreline exists below the private property line. (HRS §115-5)
_______________________________
DLNR
http://www.hawaii.gov/dlnr/Public%20Acce...elines.pdf
Public Access on Beaches and Shorelines
• The public has a right of access to and along all beaches and shorelines in the State situated below the
"upper reaches of the wash of the waves." HRS Secs. 115-4 & 115-5.
• Generally, the Counties have the primary authority and duty to develop and maintain public access to
and along the shorelines. HRS Secs. 46-6.5, 115-5 & 115-7.
• The State's primary role in the shoreline area is to preserve and protect coastal resources within the
conservation district and support public access along and below the shoreline. HRS Chap. 205A.
• In limited circumstances, the State, under its Na Ala Hele Program, is responsible for management
and maintenance of public rights-of-way that are part of the Na Ala Hele trail system of "ancient
trails" that are identified and established public trails with documented historical use and significance.
Unlike other public rights-of ways that may exist by virtue of an easement, the Na Ala Hele trails are
owned by the State and may lead to and from the shoreline and also provide lateral access along
shorelines. HRS Sec. 264-1.
• An inventory of public rights-of-ways should be available at the respective County planning offices
and a list of Na Ala Hele trails are available at DLNR's Na Ala Hele Division.
• Members of the public seeking the establishment or enforcement of public beach access should seek
the assistance of the appropriate County agencies tasked with that responsibility.
• The State, and DLNR in particular, has been eagerly supportive of County efforts to establish and
maintain public access.
• If private homeowners are obstructing existing public rights-of-way to the shoreline, HRS Sec. 115-9
provides a remedy and up to a $2000 penalty for that kind of situation.
§115-2 Acquisition of lands for public rights-of-way and public transit corridors.
When the provisions of section 46-6.5 are not applicable, the various counties shall purchase land for public rights-
of-way to the shorelines, the sea, and inland recreational areas, and for public transit corridors where topography is such that safe transit does not exist. [L 1974, c 244, §2; am L 1977, c 164, §4]
[§115-3] Criteria for public rights-of-way. A distance at reasonable intervals taking into consideration
the topography and physical characteristics of the land the public is desirous of reaching is established as
the maximum between public rights-of-way for the purposes of this chapter. [L 1974, c 244, §3]
§115-4 Right of transit along shorelines. The right of access to Hawaii's shorelines includes the right of
transit along the shorelines. [L 1974, c 244, §4; am L 1991, c 37, §2]
[§115-5] Transit area and public transit corridor defined.
The right of transit along the shoreline exists below the private property line which is defined as being along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or by the debris left by the wash of waves.
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]
[§115-7] State and county co-sponsorship of programs. The department of land and natural resources
shall enter into agreements with the council of any county providing for the acquisition of public rights-
of-way and public transit corridors pursuant to this chapter; provided that the county shall match the funds
which have been appropriated by the legislature. The development and maintenance of the rights-of-way
and public transit corridors shall be the responsibility of the county. [L 1974, c 244, §7]
[§115-9] Obstructing access to public property; penalty.
(a) A person commits the offense of
obstructing access to public property if the person, by action or by having installed a physical
impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area; or
(3) A public transit corridor;
and thereby obstructs access to the sea, the shoreline, or any inland public recreational area.
(b) Physical impediments that may prevent traversing include but are not limited to the following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards; and
(7) Guard dogs or animals.
© Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $1,000 for a second conviction; and
(2) $2,000 for any conviction after a second conviction.
(e) As used in this section:
"Person" means a natural person or a legal entity.
"Public recreational area" means public lands or bodies of water opened to the public for recreational use.
[L 2004, c 169, §2]
[§46-6.5] Public access.
(a) Each county shall adopt ordinances which shall require a subdivider or developer, as a condition precedent to final approval of a subdivision, in cases where public access is not already provided, to dedicate land for public access by right-of-way or easement for pedestrian travel
from a public highway or public streets to the land below the high-water mark on any coastal shoreline,
and to dedicate land for public access by right of way from a public highway to areas in the mountains
where there are existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding, and other recreational
purposes, and where there are existing mountain trails.
(b) These ordinances shall be adopted within one year of May 22, 1973.
© Upon the dedication of land for a right-of-way, as required by this section and acceptance by
the county, the county concerned shall thereafter assume the cost of improvements for and the
maintenance of the right-of-way, and the subdivider shall accordingly be relieved from such costs.
(d) For the purposes of this section, "subdivision" means any land which is divided or is proposed
to be divided for the purpose of disposition into six or more lots, parcels, units, or interests and also
includes any land whether contiguous or not, if six or more lots are offered as part of a common
promotional plan of advertising and sale.
(e) The right-of-way shall be clearly designated on the final map of the subdivision or development.
(f) This section shall apply to the plan of any subdivision or development which has not been
approved by the respective counties prior to July 1, 1973. [L 1973, c 143, §2]
When the shoreline erodes, lateral access is not lost; instead, the State’s acquires title to the newly eroded lands. (Application of Sanborn, 57 Haw. 585, 562 P.2d 771 (1997)) In other words, the public continues to have access along the shoreline to the upper reaches of the wash of the waves.
____________
Some case law involving PASH
http://www.hawaii-nation.org/pash.html
Sections 4 and 5 contain an historical overview of the evolution of private property in Hawai`i that I find very educational.
Hope some of this reading helps ...
Did not stumble on anything specific to HPP yet, but there is plenty of reference in this material to shoreline areas that consist of cliffs running along the high water wash, which I believe would apply to HPP.
Edited by - KathyH on 10/22/2007 09:21:04
Edited by - KathyH on 10/22/2007 09:24:34
