Charlie99
Contributor
- Messages
- 7,966
- Reaction score
- 169
- # of dives
- 500 - 999
I'm pretty sure you would be trespassing.KrisB:But wait... does that mean if I decide to hop a fence and walk across someone's property so I can access the beach that I'm not trespassing here?
There are some laws to the effect that anybody building a subdivision of 6 or more lots has to provide a public access road, and perhaps even a parking lot; and the government can always come in and condemn property (i.e. a forced sale of an easement)for a beach access. Transit up and down the beach, up to the wave wash at high tide line is automatically public. But I don't think that you automatically have the right of passage across private property to get to the beach. I don't know if there is a formal shoreline access for Honolua Bay. If there isn't, then the county can always unilaterally force there to be one.
Most of the public shoreline access easements are marked with that blue "shoreline access #xxx" sign. In Kaanapali, there is some free parking for beach goers in Whaler's Village -- one are is in the Sheraton parking structure but access from the main road, another one is on the S. side of Whaler's Village, behind Leilani's.
It's different if you have some Hawaiian blood, as they have some special hunting and gathering access, even if they are using modern methods. Public Access Shoreline Hawaii (PASH) is the big lawsuit a decade or so ago that expanded/clarified native Hawaiian rights in this area.
http://www.hawaii.gov/dlnr/Public Access on Beaches and Shorelines.pdf
and although Hawaii County, rather than Maui, 5th question down in http://www.hcrc.info/hawai-i-island-plan/north-kohala/public-q-a
[