If the State won't pass legislation to provide better shoreline access, and the City won't enforce existing "standards" for public rights of way, that leaves us with two options: negotiate easements in perpetuity with homeowners on beach lanes, or use the courts.
We hoped we wouldn't have to lawyer up, but it's become clear that most of the gated road people would rather fight than voluntarily allow their neighbors use of their rights of way. After meeting with an attorney from the national Surfrider Foundation organization, we've decided to target specific access ways for legal challenges or condemnation.
The alliance that was formed on Groundhog Day will identify areas where additional rights of way are needed and select potential test cases based on things such as historical or customary usage of beach paths, Native Hawaiian rights to shoreline access, and public safety issues posed by locked gates.
While no decision has been made by the alliance yet, in Kailua members of our group have requested we consider taking action on Kailuana Loop and Namala Place (both are public streets that have gated private rights of way); Laiki Place, which is situated between two public rights of way that are over a half-mile apart; Kaapuni (currently still open to the neighbors, but there are concerns that might change); and the beach path at L'Orange Place, which had been used by residents and local fishermen for over 30 years.
However, it's possible the first test case may be a site somewhere else on Oahu or even outer island, depending on what our attorney and legal experts advise. We'll keep you posted!
4 comments:
Turn up the heat! Kailuana Loop for years had been open to the public. The access being the cul de sac fronting what has always been, (and even more so now)a heavily frequented surf break known as "Castles". It used to be that you could ride bike or park right in front of an undeveloped beachfront, check out the surf, and paddle out to the line-up.It got fenced off way before designs to exclusify, and develop were ever beknownst to the regular beachgoer or surfer. Let alone all of the residents of this street that enjoyed freedom to beach access prior to this occurence. How the heck does this occur? Will the heavy hitter non-profit organizations that represent the little guy please muster? We need your support!
Mahalo for your consideration,
Concerned kama' aina
what's the status to the locked gate in kailuana loop... how legal is it to have a locked gate? how do you attain a key? what can we do? stopping fisherman from fishing local grounds is frustrating.
Ahi -
Kailuana Loop is a public street. But the beach access is on "private" land, which is an easement that they own. Same on Namala Place.
They get away with it because the City Council didn't have the backbone to step in and condemn that strip of land to make it a public right of way.
They also get away with it because there is a public right of way nearby, even though it means you have to double back quite a distance if you park on Kailuana, which is legal... and actually the only place you can park around that end!
We're going to renew a push for State and City action in January.
Ahi -
If you send me a private email (richfigel@gmail.com), I can tell you more about what we're planning on doing.
Also, we need more people who are willing to be part of a lawsuit, or at least go public about their complaints.
Surfrider Foundation will be providing us with legal help later this year, but we haven't decided yet which specific gates to litigate first.
Sorry, but these things take time and most of us are just volunteers so we can only do so much.
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