Volunteer Jen Eisenberger contributed her opinion to the Star Bulletin. You can find the complete text of her opinion here:
Star Bulletin - September 30, 2007
Sunday, September 30, 2007
Kailua Beach Access Points
Special thanks to Jen Eisenberger of Windward Designs for pulling this map together. Click the map below to see the full-size map:
Friday, September 28, 2007
Parks & Recreation: Kailua Beach Access Points
The City Department of Parks and Recreation has a number of public beach accesses (in addition to beach parks) in this area, all accessible from public streets. We try to provide beach accesses about 1/4 to 1/2 mile apart where there is a demand by the public for beach/shoreline access. They are the following:
| Park Name | Link No. | Size of Park in Acres | Address | City | State | Zip Code | Primary Tax Map Key |
| | 326 | 0.03 | | | HI | 96734 | 4-4-039:059 |
| | 224 | 0.08 | | | HI | 96734 | 4-3-003:089 |
| | 225 | 0.08 | | | HI | 96734 | 4-3-005:087 |
| | 226 | 0.07 | | | HI | 96734 | 4-3-007:062 |
| | 176 | 0.29 | | | HI | 96734 | 4-3-083:069 |
| | 147 | 0.21 | | | HI | 96734 | 4-3-018:008 |
| | 175 | 0.12 | | | HI | 96734 | 4-3-017:001 |
| | 177 | 0.18 | | | HI | 96734 | 4-3-017:025 |
| | 390 | 0.18 | | | HI | 96734 | 4-3-012:034(por.); 4-3-013:001(por.) |
| | 327 | 0.05 | | | HI | 96734 | 4-4-039:060 |
Wednesday, September 26, 2007
GIS Maps for Kailua Beach Access Points
During the council meeting this evening one of the speakers recommended using the City and County's GIS mapping system to review your beach access points. Below is a link to the site and a bit of a tutorial:
http://gis.hicentral.com/website/parcelzoning/viewer.htm
1. There are two ways to find your spot on the map:
3. Now that you can see the tract of land, click on the IDENTIFY button and click on the strip of land that represents the road or beach access. This will bring up additional information on the right hand side (you may need to select a property - the one without an address next to is probably the right of way).
4. The property should now be outlined in pink and you should see three links on the right to access Property, Owner, Building Permit and Zoning Info. For example, below is the information for the beach access on the north side of Kaapuni:
Property Info
Good luck and happy hunting!
http://gis.hicentral.com/website/parcelzoning/viewer.htm
1. There are two ways to find your spot on the map:
- First, when you get to the site, start by clicking the map near on Kailua. This will zoom you in closer. Keep doing this until you find your location. Once you are zoomed in, click the "FREE HAND" button to slide the map around.
- The second way to find your property is to click on the "SEARCH" button on and then (on the right side) type in your property number in the first field and your street in the 2nd.
3. Now that you can see the tract of land, click on the IDENTIFY button and click on the strip of land that represents the road or beach access. This will bring up additional information on the right hand side (you may need to select a property - the one without an address next to is probably the right of way).
4. The property should now be outlined in pink and you should see three links on the right to access Property, Owner, Building Permit and Zoning Info. For example, below is the information for the beach access on the north side of Kaapuni:
Property Info
Good luck and happy hunting!
Privatizing Kailua's Beaches
It looks like beach access is getting some attention. Check out this blog entry from Cat Toth's Advertiser blog discussion on the gate issue from yesterday -- got over 30 comments, which is a lot for her daily.
Read her opinion and all the reader comments here.
Read her opinion and all the reader comments here.
Tuesday, September 25, 2007
Lots of Interest in Beach Access
Here's the link to Cat Toth's Advertiser blog discussion on the gate issue from yesterday -- got over 30 comments, which is a lot for her daily threads...
Honolulu Advertiser
Honolulu Advertiser
Saturday, September 22, 2007
Frequently Asked Questions
Q. Aren't all beaches in Hawaii open to the public?
A. Yes, Hawaii's Supreme Court has repeatedly upheld the public's right to go to the beach based on our unique political and cultural history as an independent nation. Unfortunately, our right to beach access is being eroded. Beach front properties, military installations, private gates, and no trespass signs stand where paths once led people to the beach. Our growing population and unplanned development are challenging us to find creative ways to live in harmony.
In recent years there have been an increasing number of cases involving "private" property rights versus public access. In Kailua, for example, residents had used the beach path at the end of L'Orange Place - a private lane - for decades. Then those homeowners decided to install a locked gate earlier this year. City Councilwoman Barbara Marshall says they were within their rights, and neighbors' claims of "implied consent" or adverse possession do not apply because L'Orange Place is a Land Court parcel. Other "public" beachside streets along Kalaheo Avenue have purchased their easements and put up locked gates, despite the fact our tax dollars pay for the upkeep of some of those roads.
In effect, private beachfront areas are being created when there are three or four gated roads next to each other, while residents and visitors are being herded towards the main beach parks.
Q. Isn't it a State law that there must be access every quarter mile of beach?
A. No. It's a City & County suggested guideline, that says where "reasonable" in "urbanized areas" there "should" be access every quarter mile. However, in Kailua at least two of the public accesses are more than a half mile apart.
Q. Why are more open beach access ways needed in Kailua, when there are already seven public rights-of-way?
A. Kalaheo Avenue is not pedestrian friendly. Stretches of it have very narrow shoulders that make it dangerous for children and even adults since there is a high volume of traffic. This presents a serious challenge to health and safety in the event of beach emergencies. We should also be encouraging people to walk more, and drive less. Each time a gate goes up, additional foot and car traffic is funneled toward the few remaining open roads -- which creates noise, litter and parking problems for homeowners near those accesses. If more accesses were open, the beach traffic would be distributed better.
Hawaii's Revised Statute ∫ 115 states that "the absence of public rights-of-way is a contributing factor to mounting acts of hostility against private shoreline properties."
Q. Where do our government officials stand on the issue?
A. City Councilwoman Barbara Marshall says she supports public access. But she has done nothing to help open up more access ways. She feels other parts of Oahu have worse beach access problems than Kailua, which may be true. BAH agrees those areas deserve more public rights of way too.
State Sen. Fred Hemmings says the City Council "has shirked their responsibilities" on public access, and contends it is the County's responsibility -- not the State's. Marshall points out there is nothing in the law stopping the State from acquiring more accesses, and notes that the State has more money to do so than the counties.
State Representative Cynthia Thielen says she supports public beach access for residents, and asked her homeowners association on Kai Nani Place to keep their gate unlocked during daylight hours for neighbors who wish to use that beach path. BAH applauds their voluntary decision, and wishes other private lanes would follow their example.
Mayor Mufi Hannemann says the City cannot afford to acquire easements to provide more public access. However, voters approved a City Charter amendment last year that actually sets aside money to purchase land for "access to beaches and mountains."
Police and Fire representatives have stated that gated access and poor signage deters their ability to provide rescue services. The longer the distance between access, the more our safety is at risk.
Q. What are the legal options to protect beach access?
A. The concept of "implied dedication" was used by the Kuulei Tract homeowners to argue that long-standing use of the Banyan Tree path implied the public had a right to continue using it. Rather than go through condemnation, Rep. Thielen negotiated to have an easement given to residents.
If easements in perpetuity cannot be negotiated with private road homeowners, condemnation of selected access ways may be the only legal solution at present. The City would have to negotiate the price to acquire the right-of-way and assume the costs of maintaining it. However, the Dept. of Land and Natural Resources does have a provision for the State to provide matching funds to acquire public accesses if the County asks for it.
Q. Does this affect local businesses?
A, Yes it does. Beach access directly affects both locals and visitors being able to use the public beaches for recreation and cultural practices. Hawaii's economy earns at least $800 million a year from ocean-based activities.
Q. Is compromise possible?
A. We hope so. Homeowners on private lanes cite crime and noise problems as a major reason they feel they need gates. But there is evidence that the gates actually contribute to more problems, not less as they create antagonism, are darker and un-patrolled, and invite people to challenge them.
While some individuals on gated roads, along with Rep. Thielen, have said they think it’s worth a try, others -- such as the majority of the L'Orange Place homeowners association -- have not shown any willingness to compromise. We hope that over time beach front residents will realize that it is in their benefit to maintain and share the historical beach access that the people of Hawaii depend on for health and happiness, that is a part of our local culture, and that has been mandated as a right of the people by the Hawaii Supreme Court. Let's get Aloha back to the beach access points!
A. Yes, Hawaii's Supreme Court has repeatedly upheld the public's right to go to the beach based on our unique political and cultural history as an independent nation. Unfortunately, our right to beach access is being eroded. Beach front properties, military installations, private gates, and no trespass signs stand where paths once led people to the beach. Our growing population and unplanned development are challenging us to find creative ways to live in harmony.
In recent years there have been an increasing number of cases involving "private" property rights versus public access. In Kailua, for example, residents had used the beach path at the end of L'Orange Place - a private lane - for decades. Then those homeowners decided to install a locked gate earlier this year. City Councilwoman Barbara Marshall says they were within their rights, and neighbors' claims of "implied consent" or adverse possession do not apply because L'Orange Place is a Land Court parcel. Other "public" beachside streets along Kalaheo Avenue have purchased their easements and put up locked gates, despite the fact our tax dollars pay for the upkeep of some of those roads.
In effect, private beachfront areas are being created when there are three or four gated roads next to each other, while residents and visitors are being herded towards the main beach parks.
Q. Isn't it a State law that there must be access every quarter mile of beach?
A. No. It's a City & County suggested guideline, that says where "reasonable" in "urbanized areas" there "should" be access every quarter mile. However, in Kailua at least two of the public accesses are more than a half mile apart.
Q. Why are more open beach access ways needed in Kailua, when there are already seven public rights-of-way?
A. Kalaheo Avenue is not pedestrian friendly. Stretches of it have very narrow shoulders that make it dangerous for children and even adults since there is a high volume of traffic. This presents a serious challenge to health and safety in the event of beach emergencies. We should also be encouraging people to walk more, and drive less. Each time a gate goes up, additional foot and car traffic is funneled toward the few remaining open roads -- which creates noise, litter and parking problems for homeowners near those accesses. If more accesses were open, the beach traffic would be distributed better.
Hawaii's Revised Statute ∫ 115 states that "the absence of public rights-of-way is a contributing factor to mounting acts of hostility against private shoreline properties."
Q. Where do our government officials stand on the issue?
A. City Councilwoman Barbara Marshall says she supports public access. But she has done nothing to help open up more access ways. She feels other parts of Oahu have worse beach access problems than Kailua, which may be true. BAH agrees those areas deserve more public rights of way too.
State Sen. Fred Hemmings says the City Council "has shirked their responsibilities" on public access, and contends it is the County's responsibility -- not the State's. Marshall points out there is nothing in the law stopping the State from acquiring more accesses, and notes that the State has more money to do so than the counties.
State Representative Cynthia Thielen says she supports public beach access for residents, and asked her homeowners association on Kai Nani Place to keep their gate unlocked during daylight hours for neighbors who wish to use that beach path. BAH applauds their voluntary decision, and wishes other private lanes would follow their example.
Mayor Mufi Hannemann says the City cannot afford to acquire easements to provide more public access. However, voters approved a City Charter amendment last year that actually sets aside money to purchase land for "access to beaches and mountains."
Police and Fire representatives have stated that gated access and poor signage deters their ability to provide rescue services. The longer the distance between access, the more our safety is at risk.
Q. What are the legal options to protect beach access?
A. The concept of "implied dedication" was used by the Kuulei Tract homeowners to argue that long-standing use of the Banyan Tree path implied the public had a right to continue using it. Rather than go through condemnation, Rep. Thielen negotiated to have an easement given to residents.
If easements in perpetuity cannot be negotiated with private road homeowners, condemnation of selected access ways may be the only legal solution at present. The City would have to negotiate the price to acquire the right-of-way and assume the costs of maintaining it. However, the Dept. of Land and Natural Resources does have a provision for the State to provide matching funds to acquire public accesses if the County asks for it.
Q. Does this affect local businesses?
A, Yes it does. Beach access directly affects both locals and visitors being able to use the public beaches for recreation and cultural practices. Hawaii's economy earns at least $800 million a year from ocean-based activities.
Q. Is compromise possible?
A. We hope so. Homeowners on private lanes cite crime and noise problems as a major reason they feel they need gates. But there is evidence that the gates actually contribute to more problems, not less as they create antagonism, are darker and un-patrolled, and invite people to challenge them.
While some individuals on gated roads, along with Rep. Thielen, have said they think it’s worth a try, others -- such as the majority of the L'Orange Place homeowners association -- have not shown any willingness to compromise. We hope that over time beach front residents will realize that it is in their benefit to maintain and share the historical beach access that the people of Hawaii depend on for health and happiness, that is a part of our local culture, and that has been mandated as a right of the people by the Hawaii Supreme Court. Let's get Aloha back to the beach access points!
About Beach Access Hawaii
Who We Are
BAH is a volunteer group, whose mission is:
- To ensure that City and State standards for protecting public beach access are being complied
with.
- To have gates removed from non-private roads leading to the beach.
- To ask homeowners on private lanes to keep gates open during daylight hours.
- To improve beach accessibility for the elderly and disabled.
Although the group began in Kailua where private gated roads greatly outnumber public rights-of way, it is an island-wide issue that needs to be addressed by the City and State.
Why It Matters
Take a walk along Kalaheo Avenue in Kailua and you’ll see NO TRESSPASSING or PRIVATE PROPERTY signs on nearly every beachside road. These gated enclaves are forcing residents to walk several blocks to public accesses, or to drive to the main beach parks. Some rights-of-way are over half a mile apart. Emergency responders have also said locked gates could prevent them from reaching people on the beach who need help. And this sad trend goes against the aloha spirit.
What You Can Do
Register with Beach Access Hawaii. Write letters and make phone calls to our elected officials. Get better acquainted with your beachside neighbors, and let them know we’re their friends -- not the enemy! Their concerns about crime, litter and noise, should be our concerns too. This is our kuleana.
BAH is a volunteer group, whose mission is:
- To ensure that City and State standards for protecting public beach access are being complied
with.
- To have gates removed from non-private roads leading to the beach.
- To ask homeowners on private lanes to keep gates open during daylight hours.
- To improve beach accessibility for the elderly and disabled.
Although the group began in Kailua where private gated roads greatly outnumber public rights-of way, it is an island-wide issue that needs to be addressed by the City and State.
Why It Matters
Take a walk along Kalaheo Avenue in Kailua and you’ll see NO TRESSPASSING or PRIVATE PROPERTY signs on nearly every beachside road. These gated enclaves are forcing residents to walk several blocks to public accesses, or to drive to the main beach parks. Some rights-of-way are over half a mile apart. Emergency responders have also said locked gates could prevent them from reaching people on the beach who need help. And this sad trend goes against the aloha spirit.
What You Can Do
Register with Beach Access Hawaii. Write letters and make phone calls to our elected officials. Get better acquainted with your beachside neighbors, and let them know we’re their friends -- not the enemy! Their concerns about crime, litter and noise, should be our concerns too. This is our kuleana.
Thursday, September 20, 2007
Join Our Email List!
Please sign up to receive email updates about the Beach Access Hawaii campaign to restore your rights of way. We will not share your name or information. We send out periodic updates so you can stay informed and add your voice to helping keep Hawaii's beaches open and accessible to all. You can unsubscribe at any time.
Got Beach?
Below is an email I received from a friend. It was written by Wendy E. in Kailua. If you share her sentiments, check out the got beach? flyer here and come to the next Kailua Board meeting on Oct. 4th at the rec center.
Spread the word!
"My parents moved to Kailua in the 1940s. We were the first family to live on Dune Circle. But when I was 15, against my dad's strong protests, the other homeowners on that private road put up a locked gate. We moved to Lanikai because we felt the aloha was gone. Dune Circle was no longer home for us.
Kailua no longer seems like home to me now. I've been living on Kainui Place for 23 years, and had been using the beach path at the end of nearby L'Orange Place without incident all this time. Then last month, the current homeowners put up a locked gate to block beach access for their own neighbors.
Our family was friends with the Staple family on L'Orange. Everyone knew the Staples. Mrs. Staple ran a swim school where many Kailua families children, grandchildren, and great grandchildren learned to swim. They were eventually forced off of L'Orange by someone who objected to her clients parking on that road. Usually, there were no more than one or two kids at a time being given lessons. It was a sad day when Mrs. Staple had to move.
As I drive up and down Kalaheo Avenue, I see "NO BEACH ACCESS" signs on almost every road. What started as a single gate on Dune Circle has spread like a cancer up and down Kailua Beach.
It isn't fair either for homeowners who live near the public accesses to have to shoulder the burden for all the extra car and foot traffic when these gates go up. Their streets will be subjected to more parking problems, noise and litter since the few public accesses that still exist will be the only way for people to get to the beach. As it is, some homeowners on streets near public accesses have already been using rocks and plants to keep people from parking next to their property.
We also need more public access for the elderly, the disabled, and perhaps most importantly, for emergency vehicles. What if someone needs an ambulance or fire engine to help save a loved one? Emergency responders would have to search for a homeowner to open a gate on these private roads. I could only find three public access ways along Kalaheo Avenue. They are way too far apart, and some aren't even marked.
A fair compromise would be for all of these gates to be left open during the day, and locked at night, which is when most of the problems they complain about occur.
This gated community mentality has gotten out of hand in Kailua. The beach belongs to all of us. Please do not let this issue die because a few wealthy homeowners believe they are entitled to have their own private beachfront areas. Contact your elected representatives in the City Council, State legislature and the Kailua Neighborhood Board. Tell them you want them to do what is 'pono' for all of us who call Hawaii, home."
____________________________________
This announcement also came in:
NO MORE PUBLIC ACCESS
TO KAILUA BEACH????
TO KAILUA BEACH????
Times are changing, and your access to the beach is being taken away!!!!
If you are concerned about the recent (and planned) locking of accesses to Kailua Beach, PLEASE attend (and bring lots of people with you) to this
VERY IMPORTANT MEETING...
Wednesday, September 26, 2007 at 7:00 PM SHARP
St. John's Lutheran Church
1004 Kailua Rd
Kailua, HI 96734
Rumors have it that Kaiholu & Kaapuni are next to be gated!!!!
Contact Your Representative
Ready to take action? Great! Click a link below to contact your elected official and let them know how you feel about the public's right to beach access. To find out who your City Council representative is, please go to: http://www.co.honolulu.hi.us/council/ccl.htm and check your district.
Monday, September 17, 2007
A Letter to Mufi on Beach Access
Dear Mayor Hannemann
My name is Wendy Watson-Erickson. My mother and father are Poni and Chuck Watson. My parents moved here in the 40's. My father was president of Hawaiian Dredging Construction Co. and was later a sculptor with pieces all over these islands. My mother was a well know realtor. We were the first family to move into
As I drive up and down Kalaheo I see NO BEACH ACCESS signs on almost every road. This is a shame and the home owners on beach side Kalaheo should be ashamed of themselves. I am passionate about this issue and will not rest until ALL the gates are removed or at least open in the day time so
It is not fair for the few landowners who live near the public accesses to have to carry the brunt for all of beach side Kalaheo. Their neighborhoods will have parking problems, loitering, trash, noise and other problems since those one or two public accesses that are marked and available to the public will be the only place for people to get to the beach. As it is, even those streets around the public accesses have put up rocks and trees to keep people from parking on there property. All the aloha is disappearing from our town.
How are our elderly supposed to get to the beach? They can't be expected to walk from where they park their cars blocks from the access hauling their beach things down a long public access. Which by the way, I could only find 3 as I drove Kalaheo today. They are way too far apart and some aren't even marked. And what about emergency vehicles. I would hate to need an ambulance or fire engine to help save myself or a loved one. They'd have to search for someone to open a gate.
This whole thing has gotten out of hand and we can no longer stand for it. Either they be forced to take the gates down, starting with Dune Circle, or they find some aloha in their hearts and open them in the daytime so their decent and deserving neighbors can get to the beach that belongs to all of us.
Please do not let this issue die because they say these are private lanes. If private, then let them arrange to get their own mail, water, electric and/or whatever other public services they accessing now. I am extremely upset also by the way a few of the L'Orange neighbors are behaving towards people who come down their lane. This has gone way over the edge.
Wendy Watson-Erickson
Subscribe to:
Posts (Atom)