Posted on: Thursday, December 2, 2004

Portlock land transfers still on

By Suzanne Roig
Advertiser East Honolulu Writer

HAWAI'I KAI — Kamehameha Schools is continuing its negotiations with beachfront homeowners to transfer to each of them a portion of a 1.3-mile stretch of Portlock Beach, despite the state expressing interest in the land.

Peter Young, state Department of Land and Natural Resources chairman, said in a letter to Kamehameha Schools that the state would take the land under these conditions:

• That the transfer be at no cost to the state or the city.

• That the scope and scale of encroachments by the property owners onto the preserve and state land be detailed in a survey.

• That there be agreement from the state land board.

Kamehameha Schools says it started negotiations with the property owners and that until those break down it will continue negotiating the transfer of the property, said Kekoa Paulsen, Kamehameha Schools spokes-man.

"One big point in the negotiations would be ensuring public access to the ocean," Paulsen said. "We're working toward a resolution and hope to have the loose ends tied up by the end of the year."

Young said, "We've had a couple of discussions with Kamehameha Schools. Ultimately, Kamehameha Schools said, 'We're negotiating with the private owners and need to continue with that.'

"Ours was a conditional yes. We have some concerns and we'd like them to be addressed. We're waiting to see what happens."

The Portlock Beach Reserve is a narrow stretch of shoreline between the homeowners' land and the state beachfront. It's what is called remnant land. The strip is only about 10 feet wide at its widest point.

Beachgoers see this strip as additional right of way that enables the public to use the shoreline. A petition bearing 1,000 signatures will be given to Kamehameha Schools this week signed by citizens interested in seeing the land go to the state, rather than private owners.

For years no one knew that Kamehameha Schools still owned the land. When the land was sold in fee in the mid-1980s, that part of the property wasn't transferred. With little practical use for the land, Kamehameha Schools wants to unload the strip of beach to whoever is interested, for the cost of conveyance — anywhere from $10 to $100.

"From the community's standpoint, we're trying to figure out what's going on," said Ann Marie Kirk, a Hawai'i Kai resident. "We've done exactly what Kamehameha Schools said we needed to do."

The city has not expressed any interest in obtaining the land, Paulsen said. If the state is interested in the land it could condemn it, he said. However, that would cost money and require the state to compensate the property owners, rather than getting the land through a transfer.

Portlock Road has been the focus of many arguments over beach access. The city has fought to maintain public access, but gates still get erected across some public accesssways and "no thoroughfare signs" line some rights of way.

Beachgoers have been pushing the city for a decade to acquire the legal right of way, saying the public deserves unfettered access as in other beachfront communities such as Kahala, Lanikai and Kailua.

There are two public rights of way owned by the city along Portlock Road. One is at Koke'e Street, which requires a hike down to the ocean, and the other is at the bathhouse at the Maunalua Bay beach park. The rest of the 17 accessways along Portlock Road, while made open by the homeowners, are actually private property.

Reach Suzanne Roig at sroig@honoluluadvertiser.com or 395-8831.