Waiopea Conservation Area

[Kapohocat]

Kapoho Vacationland has some lovely snorkeling areas now designated as the "Waiopea Conservation Area". That is the good part.

The unsavory part is that some recently from the mainland-ers have decided that they dont want "locals" using the ponds. The wording was "we want to control the locals"!!! I started seeing red! I personally was told "well you are only a renter" and "you haven't lived here long so you don't know the problems".... gee is 20 years long enough???... I didnt think buying a lot and being here 5 months qualifies you either then.

Gates are again being suggested to limit "locals" or non-residents. Limiting access to ponds is being suggested. And let me say that after speaking with a Sierra Club representative, I was told that this is strictly coming from the Homeowners Association. The Sierra Clubs stance was to condemn the ocean side land (under water) and create a county park.

Any suggestions as to what to do? This just really makes me sick to my stomach!!!!!

[Lee DeJongh]

My family and I were at the tidepools last weeks. My kids had a great time.

Edited by - lee dejongh on 07/14/2006 11:41:47

[mella l]

I must have a vast misunderstanding! My impression was that all water front property whether privately owned or publicly owned was open to the public, for public access, even Malibu CA. How did I get this incorrect idea?

Thanks for bring this to our attention. That the area is now Waiopea Conservation Area is great, and perhaps will protect the shoreline fishes from aquarium exploitation and farming. I hope.

mella l

[Lee DeJongh]

Mella
I cannot speak for Hawaii or California, but here in Wisconsin, the water is public but the land is not. My waterfront property here is owned by me. People may walk in the water in front of my property but they may NOT touch the dry land and they certainly do not have access over my land. They may fish by my dock from a boat but they may not trepass on my dock. There are also privately owned lakes, which tend to be small which have no public access. I used to own one of these and I legally owned the land under the lake as well as all the water. This situation is nice for a few.

[John S. Rabi]

"I must have a vast misunderstanding! My impression was that all water front property whether privately owned or publicly owned was open to the public, for public access ..."

Wrong. What is open to the public is the shoreline, up to the high water mark. The waterfront property itself is not open to the public. There are several hundreds of "Public Access" signs all over the island. The public access is an easement for access provided by that privately owned parcel. Once you are at the shoreline you can walk around the island (in theory) and you will not be trespassing as long as you stay below the high water mark line. (Too bad if you reach a cliff though!) There is a law commonly referred as PASH, it gives the right to the Native Hawaiians to cross over and/or gather on certain kind of private properties for certain reasons. (Too long to get into details.)

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,PB,RB
http://www.JohnRabi.com
Typically Tropical Properties
75-5870 Walua Road, Suite 101
Kailua-Kona, HI 96740
(808)327-3185

[leilaniguy]

Interesting to note Mayor Harry Kim has a beach house there on Waiopae Rd.

[Kapohocat]

yes, his house is nearby but he has remained quiet on the subject. His kids use it more than anyone.

As for private land, may I ask John Rabi to tell us more about the TMK right in front of vacationalnd that is for sale for $5M - and most of it is underwater. This piece for sale is actually what most people think of as the ponds.

The county still lists that TMK in their records even though it is completely underwater at high tide.

-Cat

[John S. Rabi]

I don't know the area that well so it took some time to figure out the specifics. Apparently, it is three parcels combined, about 290 acres, that is listed for sale and a new survey would have to be done in order to determine the final land area to be conveyed. One parcel has an ancient burial site on it as mapped by DLNR. It basically is an area bordered by Kaimu-Kapoho Road, Kapoho Kai Road and Kapoho Vacationland.

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,PB,RB
http://www.JohnRabi.com
Typically Tropical Properties
75-5870 Walua Road, Suite 101
Kailua-Kona, HI 96740
(808)327-3185

[Lee DeJongh]

One has to wonder why anyone would buy property
which is under water at high tide. Didn't they sell Florida land like this in the 20's. i guess there is a sucker everywhere.

I see that people are buying Kalapana lava, tho'

[jdirgo]

I own property in Vacationland, so obviously, I keep up on it. The current proposal is to erect a gate, but to keep it open during the day and close it at night (to keep people from partying there all night, all weekend and trashing the place).

Remember, the roads are private and paid for by people in the homeowner's association and we just paid several hundred dollars each to repair the roads (and at the current rate of detioration, they'll need it again very soon).

The traffic was analyzed and only 10% of the traffic on these private roads is from people that own property there and pay to maintain the roads.

I don't want to see if gated 24/7 personally, but I understand the frustration of some of the homeowners.

I would like to see a good compromise come forward that would give the public access but take the burden of road maintenance off the homeowners.

John Dirgo, RA, ABR, e-PRO
Island Trust Properties, LLC
808-987-9243 cell

Edited by - jdirgo on 06/21/2006 20:23:14