freepb.org - Hawaiian Supreme Court Weighs in on Public Access to Beaches

Say the word Hawaii and lots of things come to mind. Calm blue waters surrounding the picture perfect islands in one of the best climates this world has to offer. Palm trees and white sand beaches, surfboards and swimsuits, sipping a tropical drink while basking in the warm sun, and enjoying an Aloha welcome to a Hawaii vacation that includes a fresh pineapple and a hand made lei of beautiful and fragrant local flowers placed around your neck.

But all that paradise certainly isn't without its troubles, and the recent Diamond v. State case is an example of legal battles over the beaches that contribute to the legendary beauty of the Hawaiian Islands. Late last year, the Hawaii Supreme Court issued a ruling that reaffirmed the definition of shoreline to extend to "at the highest reach of the highest wash of the waves," and rejected the use of artificially planted vegetation to determine shoreline.

Why is this so important, you might ask? Well, according to Hawaiian law, the very definition of that simple word "shoreline" marks the boundary between public beach and private land. In a land where tourism is such a strong influence, anything that reduces the amount of public beaches can also reduce the number of people coming on Hawaiian vacations. This particular case came about when a landowner on the island of Kauai planted and propagated vegetation that grew out towards the sea in an alleged attempt to extend the private land borders of the property. To make matters more complicated, the new property lines were then certified by the Department of Land and Natural Resources (DLNR), and the legal battle to overturn the ruling was begun.

Apparently this has been a popular activity among Hawaii landowners, and even while the legal proceedings were going on, a number of other private and corporate landowners continued to encroach on public beach land by extending their private properties using artificially planted vegetation!

Hawaii has long been known for its beaches, and the vacation and travel industries have thrived on the natural beauty of the islands. Tourists continue to be attracted to everything from Kauai vacation rentals right in the heart of nature to the hustle and bustle of Oahu and everything in between. From Maui to the Big Island and every speck of land making up the Hawaiian Islands, a large part of the draw to this stunning place is the pristine, beautiful beaches that can be found virtually everywhere.

Recently, the development of coastal lands in Hawaii has been a topic right at the heart of public debate and has spawned much controversy. Hawaii hotels, resorts and residential developments have used "induced vegetation" to extend property lines further out to sea, and by pushing the property lines farther from the land, they can justify constructing their buildings even closer to the waters of the Pacific Ocean. The problem goes beyond simply taking away public beaches, as it also has impacts on public beach access as well as environmental concerns. Building so close to the ocean, according to some geologists, has already cost Hawaii as much as a quarter of Oahu's beaches and a third of the beaches on Maui.

This appeal was filed by Caren Diamond and supported by Earthjustice, the Sierra Club, and Public Access Shoreline Hawaii. This ruling was seen as a victory in the public's ability to defend their right of beach access.


"Eternal Vigilance is the Price of Liberty." -- Wendell Phillips Join freepb.org Join your Town Council Beach Alcohol Task Force News Mission Statement Letters & Articles Contact Us Links & Local Contacts Partners/Sponsors Volunteer Opportunities		Beaches in Legal News - Hawaiian Supreme Court Weighs in on Public Access to Beaches Say the word Hawaii and lots of things come to mind. Calm blue waters surrounding the picture perfect islands in one of the best climates this world has to offer. Palm trees and white sand beaches, surfboards and swimsuits, sipping a tropical drink while basking in the warm sun, and enjoying an Aloha welcome to a Hawaii vacation that includes a fresh pineapple and a hand made lei of beautiful and fragrant local flowers placed around your neck. But all that paradise certainly isn't without its troubles, and the recent Diamond v. State case is an example of legal battles over the beaches that contribute to the legendary beauty of the Hawaiian Islands. Late last year, the Hawaii Supreme Court issued a ruling that reaffirmed the definition of shoreline to extend to "at the highest reach of the highest wash of the waves," and rejected the use of artificially planted vegetation to determine shoreline. Why is this so important, you might ask? Well, according to Hawaiian law, the very definition of that simple word "shoreline" marks the boundary between public beach and private land. In a land where tourism is such a strong influence, anything that reduces the amount of public beaches can also reduce the number of people coming on Hawaiian vacations. This particular case came about when a landowner on the island of Kauai planted and propagated vegetation that grew out towards the sea in an alleged attempt to extend the private land borders of the property. To make matters more complicated, the new property lines were then certified by the Department of Land and Natural Resources (DLNR), and the legal battle to overturn the ruling was begun. Apparently this has been a popular activity among Hawaii landowners, and even while the legal proceedings were going on, a number of other private and corporate landowners continued to encroach on public beach land by extending their private properties using artificially planted vegetation! Hawaii has long been known for its beaches, and the vacation and travel industries have thrived on the natural beauty of the islands. Tourists continue to be attracted to everything from Kauai vacation rentals right in the heart of nature to the hustle and bustle of Oahu and everything in between. From Maui to the Big Island and every speck of land making up the Hawaiian Islands, a large part of the draw to this stunning place is the pristine, beautiful beaches that can be found virtually everywhere. Recently, the development of coastal lands in Hawaii has been a topic right at the heart of public debate and has spawned much controversy. Hawaii hotels, resorts and residential developments have used "induced vegetation" to extend property lines further out to sea, and by pushing the property lines farther from the land, they can justify constructing their buildings even closer to the waters of the Pacific Ocean. The problem goes beyond simply taking away public beaches, as it also has impacts on public beach access as well as environmental concerns. Building so close to the ocean, according to some geologists, has already cost Hawaii as much as a quarter of Oahu's beaches and a third of the beaches on Maui. This appeal was filed by Caren Diamond and supported by Earthjustice, the Sierra Club, and Public Access Shoreline Hawaii. This ruling was seen as a victory in the public's ability to defend their right of beach access.

Beaches in Legal News - Hawaiian Supreme Court Weighs in on Public Access to Beaches