HomeMy WebLinkAboutCOM 0573.006 2020-2022 / c
Nati* ve Hawai* i* an
LEGAL CORPORATION
„ 1164 Bishop Street,Suite 1205 •Honolulu,Hawai'i 96813 ast
Phone(808)521-2302 •www.nativebawaiianlegalcorp.org
HAWAII COUNTY COUNCIL
COMMITTEE ON FINANCE
X
January 18, 2022
Comm. 573
M.
Requesting an Update from the Corporation Counsel on Eminent Domain Proceedings .
for the Acquisition of an Easement Through Portions of Tax Map Key
Numbers 2-7-004-118 and 2-7-027-065 to Provide Public Access to the Beach at Papa`ik
Aloha e Chair Kaneali`i-Kleinfelder,Vice Chair Kimball, and members of the Committee:
On behalf of Mr. Kalani Lyman,the Native Hawaiian Legal Corporation wishes to provide brief
comments related to Comm. 573 and the pending Hawaii County action related to County Resolution
No. 732-20 Authorizing Proceedings in Eminent Domain for the Acquisition of a Perpetual,
Unobstructed,Non-Exclusive Easement for Public Pedestrian Ingress and Egress Through Private
Property,Being a Portion of Tax Map Key Number: (3)2-7-004-018 and (3)2-7-027-065, Situated at
Papa`ikou, South Hilo, Island of Hawaii,to Provide Public Pedestrian Access to the Beach at Papa`ikou
("Resolution").
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In its October 2020 Resolution,the Council explicitly acknowledged that the County has a duty to
exercise its eminent domain powers to condelml private property for public use—including this specific
beach access—and authorized Corporation Counsel to initiate eminent domain proceedings to acquire a
right of way over Papa`ikou trail. See Hawaii Revised Statutes("HRS")Chapter 101, §§ 46-1.5(6),46-
61, and 46-62, 115-2, and 115-6. As of this date, no such proceeding has been initiated.
Whatever the reason for the over one year delay, steps should be taken immediately to obtain the right of
way for a trail that has been used by `ohana for generations.
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First, it is in the public interest to address the issue of mauka-makai access over Papa`ikou Mill trail.
Shoreline public access is an important common law right. As this Council explicitly recognized in the
Resolution,the beach at Papa`ikou is one of the few sand beaches on coast north of Hilo where members
of the public can safely access the ocean for recreation and where Native Hawaiians can engage in
traditional and customary practices at the shoreline. Because the public's right to use the beach cannot
be exercised without mauka-makai access, it is not only critical for the County to follow through with
obtaining a perpetual,nonexclusive easement to ensure the same but it is also required. This public
access right of way is in the public interest.
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Second,resolving this issue is long overdue. Limitations on beach access over the last couple of a
decades hasp revented this community from reasonable,regular access to the sandy beach below and has
restricted the rights of the general public as well as the rights guaranteed to Native Hawaiian
practitioners by the Hawaii constitution_ In 2012 and again in 2020,this Council deemed it important
Cor rn. No.
uluo`a-to stand erect,stand upright;ulu-to grow,o`a-support Kearns,uluo`a-tarots the support h oTebale
Ref. tate A
to ensure a public right of way by utilizing the County's eminent domain power. Bee HRS § 46-1.5.
Clearly there is no reason to delay any further.
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We encourage this Committee and the Council to (1)continue to impress upon leadership and key
County personnel that acquiring this right of way is in the public interest and necessary to ensure the
rights of the community are being prioritized and (2) support action taken to ho`omau (continue;move
forward)and see to fruition this Council's good work. Likewise,we urge this administration to `auamo
(carry)its kuleana—and legal duty—to exercise its eminent domain power to condemn this property for
this important public use without any further delay.
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Mahalo e Vice Chair Kimball for requesting this update in the interest of Mr. Lyman and the
community. We appreciate this Committee's efforts to bring transparency to this important public issue.
Si erely,
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Ash ey K. Obrey
Staff Attorney
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