Court bolsters public access to beach...

Court bolsters public access to beaches - Hawaii Editorials

There are 8 comments on the Honolulu Star-Bulletin story from Jan 5, 2010, titled Court bolsters public access to beaches - Hawaii Editorials. In it, Honolulu Star-Bulletin reports that:

Pleasing both sides of a legal dispute, the state Intermediate Court of Appeals has ruled that beach land that has risen naturally above the high-water mark belongs to the state.

Join the discussion below, or Read more at Honolulu Star-Bulletin.

Shibai DaKine

Kailua, HI

#1 Jan 5, 2010
No doubt this will work its way through to the State Supreme Court as the Appeals Court has left many open legal questions regarding their ruling.

More importantly is the belief by many that the State's claim to beachfront property will somehow benefit the public. With ownership come responsibilities and typically, governments set up bureaucracies to handle their responsibilities. Bureaucracies require funding and that in turn implies the need for fees levied upon the public to feed the bureaucratic beast. You need to look no further than Hanauma Bay to see what the future brings for the newly acquired State beaches.
Zimring

Honolulu, HI

#2 Jan 5, 2010
The State Supreme Court should affirm the Intermediate Court's decision as to newly created beach land belongs to the State, as it is in keeping and consistent with the old Zimring case used to affirm newly created lava land belongs to the State.

The State Supreme Court should REVERSE the Intermediate Court's decision allowing homeowners to claim then newly created beach front property if it had been in existence for at least 20 years or otherwise since 1983----that's ridiculous!

Any newly created land always belonged to the sovereign, in this case the State. And the legislature cannot, on it's own, pass a law giving up the rights of the sovereign, which ultimately lies in the People.

To do that, maybe a plebiscite or, at the very least, a referendum, should be in order.

Glad lower Circuit Court Judge Hifo bailed as a Judge. That was one dumb decision.

Happy the Intermediate reversed the bulk of that dumb decision, but this "it's ok if went back to 83" or two years before the law was passed, is bogus.

Our Hawaii Supreme Court should reverse that narrow part of the Intermediates decision.

This greed and avarice is what got some of those folks their beach front property. Perhaps mini Madohfs.
Settler

Honolulu, HI

#3 Jan 5, 2010
Stop all settlements of Hawaii Beach Front land!

Since: Nov 09

Kula, HI

#4 Jan 5, 2010
My property has pegs that were established by surveyors to identify the boundaries, why don't beach front properties.
This high-water mark standard leaves too much unsettled and fluctuates over time.
If beach front properties had boundaries established through surveys, then land grabs like this wouldn't occur.
On the flip side, if you lose land, that's the risk of buying beach front property. But if it comes back in the future, then it's yours again, because the surveyors would be able to replace the pins in their original locations, but not some new location.
Mr TUNDE516

Honolulu, HI

#5 Jan 5, 2010
good story, mahalo to all that made this possible.

Since: Aug 08

Makawao, HI

#6 Jan 5, 2010
Now that the state owns all the beaches, how do we keep DLNR from banning all the access to go fishing there?
A Fish Out of H2O

AOL

#7 Jan 5, 2010
All beaches should have public access!!!!!!!!
Beach Goer

Waialua, HI

#9 Jan 5, 2010
DLNR passes the buck while greedy mansion owners steal public acess.

Wailupe is a prime example. Enough bs. Open up the acess. We like fish already.

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