Above: Dead bird. Probably killed by an unleashed dog. Below images show fencing blocking end of trail. Fences erected under authority of Patricia Hanwright, owner of three parcels of land in Kaakaaniu ahupua'a.
§115-9 Obstructing access to public property; penalty. [Repeal and reenactment on June 30, 2013. L 2010, c 160, §7.] (a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:
In Hawaii, people have the right to access the beach and ocean. Hawaiian Kingdom laws, Territorial Laws, and State Laws today (as above) all guarantee this right. Private landowners, from the mainland mostly, especially those holding choice coastal parcels, value their privacy and many have a sense of entitlement that by virtue of their birth, status, wealth, who they know, or geneology, they seek to push upon the community. Who was it that said laws are for the "little people"?
The fencing in these photos is illegal as Patricia Hanwright never obtained a state Conservation District Use Permit (CDUP) to install the fencing. The fencing depicted above at the Moloaa-Kaakaaniu boundary, also needed a Conservation District Use Permit for construction. However, that violation is more serious as it actually cuts off pedestrian access according to Hawaii Revised Statutes (HRS). Patricia Hanwright is well aware of where the state Conservation District Boundary line is on her properties in Kaakaaniu, as a Shoreline Certification was performed by surveyor Dennis Hashimoto and signed by the Chairperson of the state Department of Land and Natural Resources May 7, 1992. This document (above, click to enlarge) shows the Conservation boundary line at 300 feet mauka of the shoreline. My photographic evidence depicts both sets of Kaakaaniu fencing within 300 feet of the shoreline. Patricia Hanwright is clearly in violation.
In 2011 Patricia Hanwright apparently engaged the services of a surveyor again. Survey stakes were observed marking her property line at the Lepeuli end of Kaakaaniu. A vandal subsequently removed many of her stakes, and she contacted the Kauai Police Department and filed a complaint. The police report of that complaint is at the link below. Kauai Naturists opposes the use of illegal behavior to protest the illegal acts of others. We encourage legal means such as letter writing, petitions, hearings, lawsuits etc. to achieve these ends. We certainly do urge all members of the community to speak up for what is right, but not to break the law.
The link above describes the legal procedure for how the State of Hawaii obtains historic trails. This is from the website of the Na Ala Hele Trails Program, a part of the state Department of Land and Natural Resources, Division of Forestry and Wildlife.
The link below is a list of the members of the newly-reactivated Kauai Na Ala Hele Trail Advisory Council.
Contributed by Richard Spacer.