ease-dropping

Private property signs

In Hawaii, any land below the highest wave line (where wet sand meets dry sand during high tide) is considered public property. The public has an implied easement by dedication (a common law right to access to the shoreline via beach transit corridors on private property). It is one of the most common easement disputes on the islands, and historically, property owners had been creative in how they have discouraged people from accessing the shoreline, such as overgrowth of vegetation or building seawalls, further eroding shoreline available to the public.

Approximately a quarter of Hawaii's shoreline has been erased due to seawalls that have been installed both legally and illegally. Despite Hawaii's constitution, the wealthy coastal property owners, including one in Oahu tied to the Obamas, have been able to get around loopholes and/or pay to limit the public's access to shorelines.

The Department of Land and Natural Resources Office of Conservation and Coastal Lands is responsible for ensuring that governmental accesses are well maintained and that property owners, who are subject to fines and misdemeanors, are in compliance. We had heard that there was a path including five ladders down to the shoreline from our rental property. While not the easiest beach to get to, locals have ventured the trek for prime fishing. Unfortunately, the path we took led us back up to the road and we could never find the supposed ladders, even after using a drone to scope out the cliff which was entirely covered by vegetation.

Despite rumors of a dispute with the government over access rights, the property owner(s) near Lyman Bay (mermaid tears) have surprisingly cultivated a marvelous trail, carved from the local flora, along the Kapue Stream, showcasing its grandeur and history.