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,I. JftYOFH� ' <br /> \,L;,; <br /> COUNTY OF HAWAII I*1. `�''"� / }- STATE OF HAWAII <br /> it:� , ,sof:..•. <br /> '. ,rE•OF�M�'� <br /> RESOLUTION NO. 732 20 <br /> AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION <br /> OF A PERPETUAL, UNOBSTRUCTED, NON-EXCLUSIVE EASEMENT FOR PUBLIC <br /> PEDESTRIAN INGRESS AND EGRESS THROUGH PRIVATE PROPERTY, BEING A <br /> PORTION OF TAX MAP KEY NUMBERS: (3) 2-7-004-118 AND (3) 2-7-027-065, <br /> SITUATED AT PAPAIKOU, SOUTH HILO, ISLAND OF HAWAII , TO PROVIDE <br /> PUBLIC PEDESTRIAN ACCESS TO THE BEACH AT PAPAIKOU. <br /> WHEREAS, the beach at Papaikou is one of the few sand beaches on the coast north of <br /> Hilo, where the public can safely access the ocean; and <br /> WHEREAS, the beach at Papaikou is used and enjoyed by many residents of the island <br /> of Hawai`i for surfing, fishing, diving, swimming, `opihi picking, outdoor recreation, picnicking, <br /> spending time in nature, and other rights traditionally and customarily practiced by native <br /> Hawaiians; and <br /> WHEREAS, the beach at Papaikou is public property up to the high wash of the waves, <br /> as defined in Hawai`i law; and <br /> WHEREAS, for decades the public has accessed the beach at Papaikou by first <br /> traversing over Mill Road, identified as Tax Map Key (3)-2-7-027-065, before descending to the <br /> beach via a trail that crosses over the property identified as Tax Map Key (3) 2-7-004-118; and <br /> WHEREAS, the current owners of the properties identified as Tax Map Keys (3)-2-7- <br /> 027-065 and (3) 2-7-004-118 assert that public access to the beach at Papaikou via the beach trail <br /> is available only with their consent; and <br /> WHEREAS, the current owners of the properties identified as Tax Map Keys (3)-2-7- <br /> 027-065 and (3) 2-7-004-118 have imposed restrictions on the use of the path, including <br /> limitation of hours, and occasionally denying use of the trail for periods of time; and <br />