Haena beach access or the lack of it

[Rob Tucker]

Definitely a case of be careful what you wish for. The Big Island was much more accessible years ago and is losing it as Maui and Oahu and Kauai already have. Publishing the last remote spots does not help the island, just the pocketbook of the author.

[Bob Orts]

quote:

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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.

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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 The developers hold the cards until such time as the that portion of the law is repealed.

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]

[Mitzi M]

One of the things that interests me the most about this place is its rich history and lore. In some of the ancient Pele myths, Ha'ena is the place where Pele slept as she traveled in spirit form to find her lover, Lohi'au, on Kaua'i. In other stories it is said to be the birthplace of hula when Pele's sister, Hi'iakaikapoliopele first danced there with her companion Hopoe.

The beach itself is just a thin crescent of sand surrounding a lagoon of icy water backed up to a couple of houses. Even five or ten people on the beach can make it feel crowded. It's a nice spot to be sure, but there are many others - that I won't list here, lest they be published or otherwise "revealed".

Actually, I think the best part of going to Ha'ena is the hike itself. It's a lovely walk that you can only do when you want to devote some time to getting there. On the way, there's a lot of time for relaxing and otherwise leaving your regular life behind.
Perhaps it's just the right amount of time.

To me this island reveals itself like a mysterious and seductive woman who can never be known or seen all at once. If you are patient and have good intentions eventually she shares her treasures, made all the more precious by the journey you made to know them.

Aloha,
Mitzi

[missydog1]

quote:

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Publishing the last remote spots does not help the island, just the pocketbook of the author.

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Thank you, Rob. (Or the ego or helps give publicity; it is not an act of sharing. Sharing would be opening your own yard up to access.)

I understand that the beach is written up elsewhere, but in the wonderful Beaches of the Big Island, the description is not such as to make it alluring. That other blogs and sites that participate in the "revealing" of hidden gems aggravate me equally. I think there's a time to show some reserve even though it might mean passing on a good write-up.

Devany, there are no secret beaches on the west side any more, not even so-called. If it's in a major guidebook, it's not remotely secret. There are beaches where people walk in, but they are very well known. There have been complaints lately about human waste at Makalawaena. The more people visit a beach with no restroom facilities, the more there is a problem with that.

When you say "never going to happen" - do you remember Kua Bay beforehand? It was pretty grueling to get to without a super-lifted truck. The difference being that here we have the issue of private land, whereas Kua Bay is now state park. So is Makalawaena: they could build a road in there and change it overnight.

Thanks Bob, that was a very interesting example of how the law can be used here.
So from what you said, I assume the County will not be forcing the Shipmans to provide access until they decide to build some more there?

Wasn't there talk of the Shipmans proposing a resort there?

[mella l]

Kathy, Bob very well put thanks.

mella l

[kimo wires]

Why? Do you not Believe? Or forgive?

Maybe you have forgotten that this is a Native rights issue also.

I'm Not Offended by your ignorance. I feel only Pity.

[missydog1]

Mitzi, that was so poetic. I too believe in the journey. I believe in helping visitors to discover Hawai'i, but at the same time I think it's a bad development when tourists come off the plane with an itinerary devoted to off the beaten path, who have never been here before, who know nothing of the culture, nothing of the philosophy. They just think it is cool to see something different.

I think the former ways where people who decided to leave the resorts took some time to explore, some time to talk story, then got invited to share something different is so much better than just crashing into the house directed by guides, blogs, and pretentious travel articles. Looking for the authentic experience but not finding it authentically, only by harvesting the information highway. I love the internet, but I'm old-fashioned in this respect.

Thank you mella, I appreciate that.

[Mitzi M]

Hey Kathy,

I agree with you fully. Maybe I got too carried away with the metaphor thing. (I'm kinda stuck there today). To me it seems fine as it is.


Like Pam, I also think there should still be out of the way places that are hard to get to, even if that means I don't get to go there.

Aloha,
Mitzi

[Carey]

Kimo, Have you been to any of the development meetings the Shipman company has over over the last few years?

If you had, you might not be as eager for access to the beach. This is a development company, always has been. This is not their only beach area on the Puna coast. If you do not think that there is knowledge in that company of the access potentials of their beaches, then you have not been to their meetings. If you think they are only out for the quick or big cash, then you have not been to their meetings. If you think that they will leave the area everyone is currently writing about in the condition it is today, then you have not been to their meetings. If you think the county would rather they did not develop their lands, then you have not been to their meetings.

These meetings have been offered, and have been public meetings. They are intending on opening up more of their land to public use and access in the future, but there will be a cost for this access.Their future plans do not include retaining the remoteness that it has now. Luckily for us now, those plans are way in the future, but if enough people complain & demand, they may push the company to respond.

As with most corporate decisions, the answer is not planned to be a drive in access to a beach, but their long term plan is more Waikaloa than remote and secluded. I, for one, would like them to take their time, & do not want to punch the drive in public access button (I have never seen anywhere where this is even in consideration to be done for shoreline access) on this one, as I do not want the Waikaloa type development that they have planned to be built anytime soon.

You may not care, but most of the posts here do not share your want for easy drive in access, and I think even you have to agree that your idea of access where you drive onto their PRIVATE drive & cross on the lawns around their homes to get to the beach would not be anything that ever could be required (private land ownership laws started with the Magna Carta & our law system is based on the rights of private land owners). I think you also have agreed that even you are hesitant to open up your private drive & lawns to just any one. For a stated purpose maybe, but just to have people walk around & through your land, probably not.

The county and state have many beaches for us to enjoy. They are public. They are maintained with access requirements for the public good.

Enjoy them! ETA if you think that it is quicker to their beach on their drive, than to drive to the beaches in HIlo, then you are not taking into consideration that this drive is a working ag area, & the travel is not hwy speed, but very slow, sometimes dead crawl, based on the equipment on the drive.... so that it is usually quicker to get to the Hilo beaches, even if you drive!

[Seeb]

I've been to one of those shipman meetings because i had land on one of the dead ends. Ask someone from that side of hpp and they would probably rather carry your butt thru the woods than have them build that thing