Ocean Front Property

[macuu222]

I have a question which maybe someone here can answer. Can people walk along the oceanfront and fish along the oceanfront if they don't own the oceanfront property where they are walking or fishing?

[Bob Orts]

Yes, below the high water mark.

[Menehune]

Aloha Bob!
What about a cliff - like HPP - first 40' from edge the people of the state own??

[macuu222]

Yes.. What about the east side of the big island where the coastline is lava rock cliffs?

[Bob Orts]

It depends on where it is and what accessibility there is to the actual high-water mark of the shoreline. A common misconception is that the law deals with ocean or beach access. It actual deals with shoreline and state recreation access. That could be the physical shoreline, a public transient access on a cliff, or even a ROW through inland private properties to access a state/county recreation area miles from the shore.

I don’t think the County of Hawaii has completed the required island wide public access/shoreline identification. Developers and influential private property owners have been successful in keeping the County (and state) from really implementing and full map identifying exactly where the public access, transit corridors, recreation access or all the other thing required. Most has been simply a push and pull until the developers agree to do something, even if not fully compliant with the law. It's highly unlikely the County will move on this anytime soon.

[missydog1]

There are right of ways along the cliffs, although not through people's yards to get to them. But I would not assume if it's not marked.

Keep in mind that Native Hawaiians have specific fishing and gathering rights that other people do not. PASH.

Someone here who was building a house on Kaloli Pt. 2-3 years ago, posted quite a bit about how he was being required to maintain the right of way corridor along the cliffs. I don't remember enough to find the post ...

and a roaming centipede just crawled over my bare toe, so time to shift gears! Yikes!

[macuu222]

So what does that mean for a private subdivision like HPP? Can one walk along the lava rock cliffs or not?

[james weatherford]

As a HPP resident it has been my understanding that there is public access along the edge of the HPP cliffs, and that private property owners cannot block it nor evict anyone from it.

Of course, having the right to walk along those cliffs and it being safe are not the same thing.
From our lanai on 6th/Makuu, on more than one occasion we have watched the search helicopter looking for one or more persons who went off the cliff and into the water. Some survived. Some did not.



James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Bob Orts]

quote:

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Originally posted by macuu222

So what does that mean for a private subdivision like HPP? Can one walk along the lava rock cliffs or not?

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First, In a private subdivision, there may be written rules for shoreline access or there may be ROW in deeds. That’s something you'll need to check.

From the State’s position, if you can not access the physical shoreline or it's too dangerous to access, a ROW for a Shoreline Transit Corridor must be designated by the County. The question is, has the County done that?

[TrevorKane]

While we're on beach access, what's the deal with the cove beach at the end of Keeau Road?