Coastal Access Rights

The incredible richness and beauty of the Hawaiian islands is as certain as the finite quantity of it. After all, there is only so much Hawai'i to go around, and it is no small wonder that many people of all economic means strongly desire a piece of this paradise. The history of land ownership in the islands is complex, and quite frankly, tragic. But that will be the topic of a future post.

Instead, let us consider something the contemporary Hawaiian state government has a good chance to get right: guaranteed coastal access for all residents of the islands. There are laws on the books to protect access rights, the legitimacy of these laws is reenforced by precedent. The Hawai'i Supreme court confirmed that all of Hawai'i's beaches are open to the public in 1995 in Public Access Shoreline Hawai'i (PASH) vs. Hawai'i County Planning Commission and again in 2006 in Diamond vs. Hawai'i. You would think this was a matter of settled law, but actual coastal access is always in danger, and vigilance by both residents and visitors alike is required to keep these rules in place.

I am ambivalent about the multi-million dollar homes going up in the coastal resorts of Hawai'i. On the one hand, these ostentatious displays of wealth are in stark contrast to the average incomes of normal island residents; while on the other, I would love to own one myself! Still, one can take comfort that they can't take the beach from us. I like to think the residents of these homes are welcome to their infinity pools, hot-tubs and breezy outdoor living rooms, so long as they don't mind me and my family frolicking in the waves in front of it all.

But there is a very delicate balance to all of this, and normal folks are at a disadvantage. The wealthy have more money to spend on lawyers and political contributions than we do, and when it comes to their private residences, it doesn't take much for them to whip out their wallets.

There are many loop holes resort owners, developers and private land-owners may take to restrict coastal access, while still appearing to obey state law. The most common is limiting parking. Most of the high-end resorts on Hawai'i island keep just a handful of parking spots available for local access, and you must go through a security gate and request a pass to get at them. Sure, you can walk in if you want, if you fancy a 30 minute trek over an unimproved lava trail. In some cases, even walking is problematic due to the ownership of the land you must walk over. I am happy that my resort, Waikoloa Beach Resort, is not one of these. Access to spectacular Anaeho'omalu Bay is free of any restrictions, and enjoys a massive public parking area in addition to being accessible via several important coastal hiking trails. But egregious examples not far away include the Hualalai and Mauna Kea resorts with no more than 20 - 25 public parking spots each.

Another often used method of restricting access is by invoking the issue of liability. Like any other place, Hawai'i has its share of bad apples. Beach parties can get wild, and incidents of drug use, fighting and even gun fire can occur. Land owners with properties adjacent to such places are understandably skittish and may use such incidents as an excuse to shut down access. It drives me crazy that local residents would hand so much potent ammunition to a land-owner. There are good laws that could be enforced in these cases, including criminal prosecution. Area closure should  never be the solution.

Eternal vigilance is the price of liberty.

~ 1852, Wendell Phillips 

The moral of the story is that the right of coastal access comes with responsibility. I can't speak for the locals, I hope they feel the same way, but I certainly can speak for visitors when I say, use your access rights, but follow the rules and, as always, show respect for this amazing land and its inhabitants.

Are you a Hawai'i resident who has been denied access to your own beaches? Let us know by commenting below.