Beach ownership is still in question - Hawaii News

Full story: Honolulu Star-Bulletin

The Intermediate Court of Appeals is scrutinizing a Hawaii law passed in 2003 that declares that new, naturally formed beach land above the high-water mark should belong to the public -- not adjoining private property owners.

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Koa

Kalaheo, HI

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#64
Nov 30, 2009
 
Reinhardt wrote:
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This is inaccurate. DLNR has folks committed to preventing encroachment on public shorelines. But they are grossly understaffed. If you can document such encroachment, with photos and maps, they will take action. But there are strong due process safeguards which make the process move VERY slowly.
You are needlessly badmouthing allies in this fight.
What is the hold up then? Thielen cares zilch about the environment. I have met her before.
Koa

Kalaheo, HI

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#65
Nov 30, 2009
 
Reinhardt wrote:
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You might find comfort in demonizing the attorney, but in truth, Paul Alston is one of the most highly-regarded attorneys in Hawaii. Not just for his intelligence and legal skills, but also for his personal integrity.
Having said that, I disagree with his clients in this battle and join you in hoping he, and those he is representing, will lose.
we disagree about the definition of integrity. Suing the taxpayers and trying to steal the beach doesnt jump out to me as something a man of integrity would do.
Hilo boy

Keaau, HI

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#66
Nov 30, 2009
 

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Guy in Puakoa in West Hawaii used a bulldozer to push sand out 45 ft then planted a row of trees. Now ocean is claiming trees and all. Made a huge mess as extended land washed out other beach property owners sand. Now plenty rocks.
All In

Lihue, HI

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#67
Nov 30, 2009
 

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Wayne wrote:
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Where is Laura Thielen and DLNR??? Why wont she uphold the law and do her job? DLNR has the power to stop these greedy people.
She one facking haole like them. Bird of a feather flock together. Jus like the Japs and the chinks, da flips and soles etc.. No KAAAN. Hows about it? The next thing you know they going start claimimg the ocean.

Ahh no kaaaaaaannnnn.
kanehi

Aiea, HI

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#68
Nov 30, 2009
 

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Some homeowners deliberately plant grass or what nots past their property line then claim it's their land. These people should be fined for denial of beach access. I have a co-worker who says her uncle throws grass seeds by the beach to increase his lot. Greedy people.
howli

Kealakekua, HI

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#69
Nov 30, 2009
 

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kanehi wrote:
Some homeowners deliberately plant grass or what nots past their property line then claim it's their land. These people should be fined for denial of beach access. I have a co-worker who says her uncle throws grass seeds by the beach to increase his lot. Greedy people.
Throw marijuana seeds into his property to increase his property value.
howli

Kealakekua, HI

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#70
Dec 1, 2009
 

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Hilo boy wrote:
Guy in Puakoa in West Hawaii used a bulldozer to push sand out 45 ft then planted a row of trees. Now ocean is claiming trees and all. Made a huge mess as extended land washed out other beach property owners sand. Now plenty rocks.
Dump rusted junk cars out there to stop the sand from washing away.
Former Maui Resident

Waipahu, HI

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#71
Dec 1, 2009
 

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I'm not too concerned either way. The rich will try to protect their properties with sea walls (without regard for other rich people's properties), which will cause greater erosion, not accretion. Then as sea level starts to rise and the islands sink, the houses will be underwater. Unfortunately, we'll have to wait 30 years or so....
cut the grass

Honolulu, HI

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#72
Dec 1, 2009
 

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Portlock Thieves wrote:
The thieving Portlock owners next to the jetty have planted grass right on the beach where you have to turn around or cut across their lawn.
This is clearly illegal and we need State enforcement to stop these rich bullies from stealing the beach.
bring roundup
Pake ALice

Honolulu, HI

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#73
Dec 1, 2009
 
Beach ownership is still in question - Hawaii News

Is Hawaii that anal? Still cant make a decision after 50yrs + of landownership?
Lord Haha

Lahaina, HI

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#74
Dec 1, 2009
 
People own he beaches.
Manawai

Aiea, HI

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#75
Dec 1, 2009
 

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"It was, and still is, time to stop shortchanging the public by giving away valuable beach land to abutting owners who do nothing in particular to deserve such a windfall from the state," Bremner said.

That arguement is a two-way street, Idiot!
Manawai

Aiea, HI

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#76
Dec 1, 2009
 

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"It was, and still is, time to stop shortchanging the public by giving away valuable beach land to abutting owners who do nothing in particular to deserve such a windfall from the state," Bremner said.

That argument is a two-way street, idiot!
Manawai

Aiea, HI

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#77
Dec 1, 2009
 

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All In wrote:
<quoted text>
She one facking haole like them. Bird of a feather flock together. Jus like the Japs and the chinks, da flips and soles etc.. No KAAAN. Hows about it? The next thing you know they going start claimimg the ocean.
Ahh no kaaaaaaannnnn.
All In, maybe you should have listened in Hawaiian history class. Under the Mahele land ownership of ahupua'a extended out to the outter reaches of the reef. So the State's confiscation of the shoreline is a taking without compensation which and impacted the rights of Native Hawaiian landowners and their successors.
Reinhardt

Kailua Kona, HI

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#78
Dec 1, 2009
 

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Old deeds used to define the seaward boundary of a parcel with the words,“ma ke kai,” meaning "along the sea." As the waves added or took away land, boundary of the land under control of an owner shifted.

With erosion, the owner lost land. With accretion, land was gained. That is the conception which Paul Alston appears to be arguing with his suit.

For most Hawaii beaches, the shorelines suffer longterm erosion. Kailua is a rare exception.(I am surprised to hear Portlock has accretion. I wonder why.) I have seen landmaps from the late 19th century which show a shoreline 150 feet or so mauka of the current shoreline, meaning most beachfront houses along N. Kalaheo Ave. are build on land which was underwater a hundred years ago. And the accretion continues. In some cases, the vegetation line is now 40' feet more makai than when property lines were surveyed in the 1950s.

Within a few decades, rising sea-levels, combined with more severe storms, will probably start reclaiming the land. If so, the legal "problem" of accreted beachfront land calls for a temporary solution. Naturally occuring naupaka, morning glory and akiaki grass form a good buffer zone between the certified property lines and the highest wash of the waves. They prevent formation of dunes --sorry, Chip, we disagree-- protect private lands from high waves and keep the beachgoer's noise a distance from the beachfront homes. If the vegetation (in Kailua) keeps marching seaward, what's the problem?

It becomes a problem when the landowners move beyond their certified property line, yank out the naupaka and extend their lawns. It becomes a problem if the vegetation line becomes the basis for a setback for building, as this encourages the seaward creep of homes--something which should be discouraged in light of the strong probability of future erosion. And it becomes a problem if the vegetation interferes with public acces along the shorreline--a problem which does not (yet?) face Kailua.
Okole Maluna

AOL

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#79
Dec 1, 2009
 

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Da land stay fo da people!!!!!!!!
No one owns nature

Honolulu, HI

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#80
Dec 1, 2009
 

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Hawaii Supreme Court has established that the beaches belong to the public. How is it even imaginable that someone who buys, say a 10,000 sq ft lot can then claim that if nature creates an extra 1000 sq feet adjacent to them they own it???? It is irrational and insane.

It is bad enough we have to bail out people who build too close to the ocean knowing the risks and all of us living in flood zones have to pay exorbitant flood insurance as a result. To claim this land as their own takes arrogance to a new level.
Mike

United States

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#81
Dec 1, 2009
 
Sounds subjuctive on establishing the boundry. Laywers can make a bundle debating this one out.
howli

Kealakekua, HI

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#82
Dec 1, 2009
 

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Newly acquired technology allows through the use of salt resistant fibre alloys, creation of a series of underwater residential modules which expand homes under tidal zones and extend out underwater into the ocean. Partying, loud music, rowdy behavior all underwater will reduce imposition upon neighbors. B&Bs, vacation rentals may expand underwater to create profit making opportunities. Landfill around those submerged modules may provide surface opportunities for land creation.
dumpnoco2

Auckland, New Zealand

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#83
Dec 3, 2009
 
Portlock Thieves wrote:
The thieving Portlock owners next to the jetty have planted grass right on the beach where you have to turn around or cut across their lawn.
This is clearly illegal and we need State enforcement to stop these rich bullies from stealing the beach.
Do you have pictures of what the area looked like before grass was planted? I strongly suggest you pursue this matter yourself; as the state will not do anything. Another suggestion is to check your county laws and regulations. If you find a violation; file a complaint. There's no doubt "the thieving Portlock owners" are in violation.

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