#84 Dec 4, 2009
Growing vegetation has absolutely nothing to do with the public/private property line. Vegetation will not cause the waves to wash any less far mauka (inland for you haoles). Try actually reading up on the law. Here’s what it says:
The certified shoreline is determined by the state, which considers the "upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves." See HRS § 205A-1, Diamond v. State, Board of Land and Natural Resources, 112 Haw. 161 (2006).
Note the use of the words “usually evidenced”. That means that the vegetation or debris lines are not necessarily the property line.
The Maunalua Bay Beach Ohana (MBBO) case has nothing to do with where the property line is. It has to do with the State via Act 73 changing the common law of Hawaii. I think the only person here who has posted a considered and reasonable comment is loco moco (Silver Spring, MD Monday Nov 30) who rightly recognized and interesting omission of harm in the MBBO complaint.
#85 Dec 6, 2009
Wailupe (as well as Niu) Peninsula used to be a Native Hawaiian fishpond. So as far as dumping fill in to create it - first the Hawaiians did it to create the perimeter of the pond, then the developer came in and filled the pond in. The Kuapa Pond in Hawaii Kai was once a huge fishpond.
#86 Dec 6, 2009
I disagree that vegetation "has nothing to do with the shoreline." Vegetation can cause sand to accrete, or at least help to stabilize existing beach and mitigate sand loss. Since the shoreline/property line is defined by the upper reach of the waves, and can move both inland or seaward, the addition of sand (possibly aided by vegetation)- or loss of it - can obviously directly affect how far the waves wash in, and therefore in turn, can absolutely can affect the property line location. Likewise, it can also prevent the loss of sand, and therefore, the shifting of the shoreline/property line inland.
#87 Dec 6, 2009
Are all fishponds eventually to become Navy run then developed?
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