Mokapu Canal, Kailuana launch area closed off?

I attempted to launch from my normal spot when its windy at the beach area. There were signs that this area is now off limits, as it is private property from the sidewalk to the water. The steps "carved" into the bank now have 30lb rocks/small boulers all over that area.

While reading the signs and getting ready to leave, new owner came out and gave me an earfull about how" paddlers have ruined this bank for years & it stops here & now". As he said this, I walked away & left as he said he's callung the cops.

I ended up launching from the parking lot where the wifes offuce is, other side of Pinkys. Appernyly this new ownership was effective March 25th,2011. Security guard at Pali Palms center said "just dont piss in the parking lot guys". No problem launching from near dumpster, actually an easy launch if youre not able to launch from a friends house on the canal.

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Submitted by justthetip on Sun, 03/27/2011 - 8:14pm



That by the guard shack?

What if you park on the public street, carry your boat on the public sidewalk, set up on the makai side of the guard shack, then enter the water on the same side of the guard shack where the guy doesn't own the land.

My understanding was that no one owns the land on the walls of the canal anyway. Perhaps someone knows better?


#1 Sun, 03/27/2011 - 8:37pm


I thought about that, but the rocks/boulders throen all over the entrance to the water threw me. Ill take a picture of the posted signs. Besides, they even capped the water hose and removed yhe valve.

I've never seen sny type of vandalisim,trash left by paddlers. No loud music or alcohol comsumption after paddling on site.

Launching from the outside/opposite Pinkys parking lot is decent,easy walk in on cement.


#2 Sun, 03/27/2011 - 8:50pm


Records are accessible regarding what the new homeowners actually owns. Last time I was there on Wednesday he had staked his land. Lots of rules about easements, what's City and County, and what's his. Can park on public street, can access the canal using public property as access. Or can use the other side. Can't fix capped spigot though.


#3 Sun, 03/27/2011 - 9:16pm


Kailuana Street and sidewalk are City & County. The twenty feet from the property pin to the guard shack is City & County. The bank and the canal itself is City & County. Operate around the pins and tell the owner to F**** off. by the way, Kalaelepulu Stream, also known as Buzz's is public all the way to the first bridge, which I think is Keolu Drive, not to sure. Same reason why homeless wasn't initially enforced from living on the sidewalks, it's City & County, accessible, and no law states that there aren't allowed to stay there till a bill was recently passed. I to launch from there and have seen the posts. There are legit reasons, but only on their property. We pay taxes, and expecting an increase. If anything, that person should be calling authorities about drug use and chronic poachers who converge in these areas. If anything, paddlers are decent accomplished citizens who deter these actions. I hope the owner makes contact with me.

Carlton


#4 Sun, 03/27/2011 - 9:19pm


Another suggestion is the paddling community should unite and write a letter to the respected district rep. managing Kailua and suggest turning that small little City & County parcel into a park which would provide many benefits for the community as a whole and not for one property owner who has their own vision of Hawaii which doesn't include the paddling community.

Carlton


#5 Sun, 03/27/2011 - 9:30pm


If you Hawaiian, you have access, and that owner is violating the PASH (Public Access Shoreline Hawaii) Decision. But if you not? Then you got to go to court and prove to the judge that over several years of public use, including the furnishing of water, that a public easement has been established. That in the past, the previous owners allowed the public access and did not publicly display their ownership or control of the area by shutting access down at least once a year, etc. If you can convince the judge that this is so, then the current owner must maintain the easement for public use and can't interfere. Good Luck!


#6 Sun, 03/27/2011 - 9:44pm


TMK info as well and owner name etc are public record. one can find the owner's name and make civilized contact quite easily.


#7 Sun, 03/27/2011 - 9:46pm


By dumping boulders and posting signs, the owner has made "civilized contact," and is trying to terminate an easement by prescription that previous owners allowed. This is now a legal matter and has to be dealt with immediately and accordingly or the new owner will be successful in terminating this long established public easement. I'll donate $100.00 to a fund for this purpose?


#8 Sun, 03/27/2011 - 10:08pm


Unfortunately there are no easements allowed on the banks of Kawainui Canal, aka Pinky's. That's why property owners who constructed their own easements into the waterway had it destroyed by City & County personnel in the past and currently if their is a complaint. Main purpose of both Kaelepulu Canal and Kawainui is drainage canals for Kawainui marsh during heavy rainfall. But access via heavy foot traffic, which was hindered with the large rocks, is legit and no law states that it's prohibited. If anything, the person placing the rocks there, if not City & County personnel, presented hazardous condition and definitely poses a liability if that person verbally admits to it.

Carlton


#9 Sun, 03/27/2011 - 10:17pm


I thought we were talking about private property being used as an easement to the canal? Of course property owners may place large rocks on their property, but they may not block or interfere with an established easement on their property. The banks are something else and there is precedent, for I'm sure the same can be said for the Ala Wai? Then the banks are a political matter, which can be demonstrated that a public benefit is being served like the Ala Wai. And it is actively being used by many many people for recreational purposes. Of course homeowners along the banks have riparian rights and don't want us paddlers polluting it and using it? The issue is access and the denial of it. Get the politicians involved in providing access, since a sizable segment of the population uses it. Time to lean on the new Mayor, Peter Carlisle and windward district 3 councilmember Ikaika Anderson to provide access. Also, it is against the law to dump rocks on the banks and in the canal. And the City and County has jurisdiction on the banks, but the State may control the canal?


#10 Mon, 03/28/2011 - 2:19am


Just talked to a resident there this morning. What the new owner did was use "existing" rocks/boulders to block off acess. According to the resident( who was very kind in explaining as best he could), the new land owner just did what owners have been doing for years.....shuffling rocks around. Resident said to just walk past the guard shack and hop in from there.


#11 Mon, 03/28/2011 - 7:34am


That guys sounds like a (I can say this because I'm one also) Fucken Dumb Haole!


#12 Mon, 03/28/2011 - 7:39am


Carlton, so what section by the guard shack can we still put in? Is it Makai or Mauka of the guard shack. There is a sign at the guard shack that says it is Private property, so can we actually drive through, park and launch?
BTW, Kailua canoe club used the canal for one man practice every monday night. The old owner was very generous, letting us launch there and use his hose to wash canoes. As a thank you we would collect money and give it to him for his water bill, and always rolled the hose up nicely and never left trash.
Those people think they own the canal as their private waterway. The guy across the canal from shack keeps his motor boat moored there, it is the son of Carvill the real estate guy. Hates us paddlers. How does he get away with leaving his boat there? Somoeone said you can leave it if you take it out to sea every 48 hours or so. Guarantee he isn't running that thing every two days.,


#13 Mon, 03/28/2011 - 8:44am


Glad to hear that there is a work-around.
Walk-around.
Such a bummer that one canalfront resident is so opposed to canoe paddler access to the water there.
Wonder what the reaction will be when the first family comes back to town.


#14 Mon, 03/28/2011 - 8:48am


When I was there last week, his property line stakes were right by the last makai end coconut tree of the area. So I just launched between the last tree and guard shack. That way you're out of his property and also the guard shack private property sign. There was a little walkway there to the water still, not sure if its there now though. Not being able to use a hose is a bummer, but its the guys one anyway, just made things super convenient. Guess we all gotta bring down a jug of water to wash off in now.


#15 Mon, 03/28/2011 - 8:58am


The road up to the guard shack is public, at the guard shack the road becomes private, owned by "KAINALU POINT HOMEOWNERS ASSN" according to tmk records. The best bet would be to park outside the gate and launch just past the gate, that way we just cross a few feet of private land. As long as we malama pono they may not object.


#16 Mon, 03/28/2011 - 9:08am


Good questions Ainokea. Some were answered already. Treat the property pins as a fence and walk around it. In regards to Scott CARVILL, I've personally cited him for mooring over 72 hours in the past but the case went nowhere. Our cases are forwarded to Circuit Court, where magistrates and prosecutors deal with pretty gnarly criminals then all of sudden they have a resource case involving a non violent defendant and usually issue a verbal reprimand. I've also cited every single vessel in that canal in the past for the same violation and patrol Kailuana frequently for resource violations and sometimes encroachment investigations. The only problem is the property is owned by City & County, Kawainui Canal, and Oahu County has a major jurisdiction war that has been going on for decades involving the State and County. All boils down to politics and money, which is a whole other topic.

Yes there is a red City & County sign that is in line with the guard shack that states no trespassing. But as I described earlier, it's in line with the guard shack, meaning it was directed more for the residents of Kailuana Point just in case they had an issue with someone trespassing, thus having a posted legible sign that they could fall back on in regards to a trespass case. There are many fisherman that use beach access to gain access to the canal and walk along Kawainui banks to locate their catch without any incident. If the bank was area where there is no trespass at all, there would be posted signs every so many feet and/or yards running along the entire length of the canal. In regards to signs, Hawaii Administrative Rules, Hawaii Revised Statutes, and County Ordinances, the key is to take things literally. Anything outside of that is a loop hole, if that makes sense.

Hopefully this posts clarify things,

Carlton


#17 Mon, 03/28/2011 - 10:11am


I stand corrected. An investigation was initiated and as I looked into the matter, the property adjacent to the marked wooden pegs of 79 Kailuana Place is private property and owned by Kainalu Home Owners Association. One TMK showed the small little parcel mauka of the guard shack shows it is part of the canal and owned by the City & State. Another TMK showed it was owned by Kainalu homeowners association and runs adjacent to the wooden property pins. Stopped at surveyors office for the State to clear the conflicting data and came to the conclusion, along with an expert surveyor, that the small little parcel that paddlers could access through is privately owned. The guard shack is also constructed approximately 20 feet inside of the homeowners association property. Sorry for the bad news.

It was made clear to me by a resident that was named in the previous posts that the surrounding residence don't want paddlers in their neighborhood. Also stating paddlers have been a problem and even been disorderly in the early mornings causing residence alarm. It was also made clear that they will be calling authorities if anyone trespasses. No fabrication, just the truth.

So please, find other means of access that is legal so no one gets in trouble.

Carlton


#18 Tue, 03/29/2011 - 3:39pm


Bummer, oh well. Guess well be launching from Pali Palms Buisness center. At least they're(security guard) is OK woth it fir now. If anything, just say youre a patient of one of the many dentists, doctors, chiropractors, indurance agents(Savage @ State Farm actually insures OC1's).


#19 Tue, 03/29/2011 - 4:32pm


Wow. I just did a google map of the area of discussion, and it never fails to amaze me how incredibly selfish and anal people are!

So Carlton, does the home owner actually have any riperian rights at all or does their land boundary only extend to the bank edge?


#20 Wed, 03/30/2011 - 6:04am


Sorry, new word, can you educate me on what riperian rights are? But #79 Kailuana Place extends to the posted pins and the Kainalu Home Owners Association extends to the posted no trespassing sign next to the guard shack. The main advocate of the paddlers dismissal is the person who lives across the canal with three newly constructed houses and is in violation of property encroachment and illegal mooring beyond 72 hours. Some people love to point fingers but can't follow the rules themselves. "Do as I say, not as I do"

Carlton


#21 Wed, 03/30/2011 - 7:14am


Riparian rights means that the home owner has rights to a certain area of land that is covered by water.

A typical scenario is that a homeowner would have rights that extend from their property line out into the water and say, if there's a canal, their rights would extend to the center of the canal.


#22 Wed, 03/30/2011 - 7:17am


Keep giving him tickets for mooring his boat. Interesting note, I just moved in across the street from said person's father and he hates paddlers too. He sees me with my one man on my truck and has been harassing me. About ready to clobber the bastard. Like father like son.


#23 Wed, 03/30/2011 - 7:20am


Mahalo Kileki, the canal and the banks are City & County/State Of Hawaii, thus no riparian rights. Maybe that person that we're talking about once tried out for paddling in his teen years, got shafted from making crew and felt vindictive ever since. I don't know the guy, but from talking with him, he seems like a persuasive "mr. know it all" type of person. Write letters to Ikaika Anderson to introduce a bill to have a small parcel to designate a park for paddlers. I can't stand by while the principles of Manifest Destiny is being applied.

Carlton


#24 Wed, 03/30/2011 - 8:16am


I've been reading with interest all the comments in this thread. Its sad that like so many other things, a few bad apples ruin it for everyone else. I lived in Kailua for many years and wish I knew one of the owners along the canal I could talk to and convince them to allow paddlers access to the canal. Maybe somebody on this site will buy a house there and solve this problem. Its too bad.


#25 Wed, 03/30/2011 - 10:28am


Among the paddlers who "disturb" the neighborhood during early morning runs is my friend, who is not currently making his 4am workouts on the canal because he is leading a disaster relief team in Japan for the Navy's Pacific Fleet Command. As if it were possible to work and train as hard there as he does here, I know that he's over there getting very little sleep and missing his family and his canoe. He's already eliminated the solo from his mind, and he's doing this in support of people he will never even know.

Contrast this with a fat cat with an illegally parked boat and a supposed baseless dislike of you. The contrast is stark. Build and live waterfront, but don't want to see people using the water, but you park your boat illegally on the same water. Look in the mirror bro.

My buddy would find a way to get his butt out there at 4am to get in his reps prior to his 15-hour workday, no matter what landowners and associations are putting in our way. So keep training, everyone. Aloha.


#26 Wed, 03/30/2011 - 10:34am


sink that boat !


#27 Wed, 03/30/2011 - 11:23am


Hours ago, Pali Palms mngt office got a complaint in writing citing canal users parking in thier lots, thus taking parking from potential clients.....guess what Realty CO. just moved in a month ago.....


#28 Wed, 03/30/2011 - 11:25am


there is a public park at the end of the canal. you can always launch from there. that way every workout starts and ends with some flat water technique work.

and yeah, screw the illegally parked boat. that's lame.


#29 Wed, 03/30/2011 - 11:26am


I wonder why these people are so grumpy?


#30 Wed, 03/30/2011 - 5:39pm


territorial kukae...stakes are like dog piss spots. The guy sucks but probably playing by the rules. The same rules that are slowly screwing up the Hawaiian life style with haole kapu signs, vegetating beaches to increase property lines, fences and dogs. Glad the Molokai guys stood up to more development and glad the Kauai guys are doing the same. Next time an issue comes up about ocean access...as a group we should chime in and say this has to stop. "you do not know what you lost untill its gone..they paved paradise and put up a parking lot ". Joni Mitchell. .Shell Auditorium...1972.


#31 Wed, 03/30/2011 - 5:09pm


jc9 0, you say there is a public park at the end of the canal? Is that lot across the street from Kalaheo High? I saw a lot that was all fenced up there, but there are some vacant lots adjacent to it, is that the park? If so, then tell Ikaika if we can go clean up the lot for access to the canal? Main thing is parking, for if no more, then the complaints to the police and mayor start to roll in. So maybe got to clear away more area for park the trucks and cars to reduce complaints? You can bet the lolo down the stream goin complain like hell. Paddlers are too busy training for make noise, so I don't know how it is disturbing anyone?


#32 Wed, 03/30/2011 - 6:04pm


/\Kaha st Park, at the end of Kaha st. The gates are to close at 6 or 7 pm tho if you paddle after work.


#33 Wed, 03/30/2011 - 6:50pm


that's the one on the Kailua side of the canal. not the vacant lot.


#34 Wed, 03/30/2011 - 9:22pm


Aloha,
I am involved with Surfrider Foundation over here on Maui. A grass roots organization dedicated to protection of the worlds oceans, beaches and waves…including access to all users. I would highly recommend contacting the Oahu Chapter and seeing what they say about the issue. They have fought beach/water access cases in the past. You can read more about the national organization at www.Surfrider.org or Oahu chapter at www.Surfrider.org/oahu click on "What we do" tab on oahu page then "Beach Access" I know they'd be stoked to have some paddlers involved with their chapter, for people who spend so much time in the ocean paddlers have never been very involved with Surfrider Foundations Hawaii Chapters… I think we could really help each other out :)


#35 Wed, 03/30/2011 - 11:00pm


Thanks, for I didn't know there was a park there. Just dreaming that maybe those lots would become a canoe hale for Kalaheo High across the street? Perfect location.

s


#36 Thu, 03/31/2011 - 8:54pm


The 1.9 acre parcel across Kalaheo HS is perfect.
http://www.honolulupropertytax.com/Forms/MapDatalet.aspx?sIndex=1&idx=1&...
Owned by State of Hawaii and right on the canal. Plenty of parking could be made available with gravel that might be donated by Ameron if someone asked nicely. http://www.ameronhawaii.com

What if all the windward canoe clubs offered to provide free labor to clear the weeds and mangroves?

Perhaps our City and County Councilmember Ikaika Anderson could help get the State to dedicate the land as a park? http://www1.honolulu.gov/council/d3/d3home.htm

Kalaheo HS could launch OC-6s during their OIA paddling season. Imagine how many canoe trailers could be parked there for the King Kamemeha Day regatta at Kailua Beach Park. The koas could be paddled down the canal and across the bay to the race. Fishermen would use the park too. Endless possibilities...


#37 Fri, 04/01/2011 - 1:09pm


ahhh. if only it were that simple. remember the little park that popped up near Kalanianaole Hwy in Waimanalo? tables, chairs, and landscaping all built entirely with volunteer labor, materials, etc. the people that built it turned an overgrown trash dumping ground into the nice little park that it was. the donors were then forced to tear the park out because everything wasn't OK'd by the state. also with such short funds the state had no desire to be responsible for maintaining another area that could be called a park.

maybe it's not as hard as i think, but i'm fairly pessimistic about things like that ever happening. not to mention the house adjacent to it the land we're talking about. no doubt that owner would probably cry foul and get the whole thing squashed. ugh.


#38 Fri, 04/01/2011 - 1:23pm


I heard that Kalaheo HS was all ready to use that land as a Halau. But apparently there was too much liability with kids crossing the street to go to practice. I'm not sure if that was true... but it sounds right. How has it worked in the past for canoe clubs to put their halau on state lands?

Mauitim-- Surfrider actually staged a protest in Kailuana Pl regarding their gated private beach access path in 2008. The neighborhood sent out a bulletin to inform residents to ignore the protestors and to establish the historical precedent for the private path. And any cars without a circlular KP bumper sticker were to be observed.... it's a pretty intense neighborhood.


#39 Fri, 04/01/2011 - 1:35pm


Kailuana residents actually own that acess. Many years, DR Gary Spector(long time tesident that owns the two properties on the right of the acess) paid to give up 10ft of his property so Kailuana Pl/Loop residents would have thier own acess permitted by Kailuana Neighboehood Association along with a key. Kailuana Ass. leagally owns that acess, they ALL split the property tax on that 10ft wide walkway. That association is comprised of attourneys of different fields, doctors that heavily cintribute to political parties & causes. They are a high-end neighborhood enforcers.


#40 Fri, 04/01/2011 - 3:13pm


Even rental houses that some paddlers once lived in a few years back, pays property taxes for that acess that were "disguised" in their rent rates by the owner that lives in Canada.


#41 Fri, 04/01/2011 - 3:17pm


I'm all for increased access, but why do people want to launch in the canal w/ all the other places around there?


#42 Fri, 04/01/2011 - 3:20pm


No other place to launch to access Kawainui Canal unless you know a resident who lives there and would allow you to launch. Some paddlers paddle very early in the morning, hours before sunrise, and late at night and the canal provides a safe place to train or exercise. Paddling in Kailua Bay with trades and no sunlight is pretty tough and not very safe. If Kailua Bay has winds 15-30 mph with high surf advisories on the east shores, paddling during sunlight is downright dangerous. Also with the growth of paddling a lot of novice youth are training on OC1's and once again, paddling in Kailua Bay with trades and random surf peaks isn't safe. Also for the elite and competitive, flat water training is key to their success.

Why not paddle in Kaelepulu Canal, also known as Buzz's? Well Kaelepulu Canal is the most polluted body of water in the State due to the fact that enchanted lakes primary purposes is a catchment pond for overflowing man holes and street drainage that doesn't get directed to the sewage treatment plant. Also due to the sand build up at the mouth, there's no flow and just stagnant water that is a breeding ground for bacteria. Many paddlers have had staph infections and even ecoli infections from the water of Kaelepulu Canal. Ecoli only comes from human feces and no other animal. Anytime the windward side has heavy down pours days on end, the news always mentions that there was a sewage spill in enchanted lakes Kaelepulu Canal and never Kawainui.

Carlton


#43 Fri, 04/01/2011 - 9:12pm


@ Justthetip-- I'm not arguing either way for the private beach access at Kailuana. I don't know enough about the legality of private beach accesses to have an opinion. I would be a hypocrite if I didn't say that I happily made the most of my special KP key while I had the chance and that I shied away from the Surfrider protest.
I only meant to say just what you said: "they are high-end neighborhood enforcers." If the neighborhood doesn't want there to be access for paddlers, then there wont be access for paddlers.

But I do think that paddlers, collectively, can come up with some sort of solution. As Bamskii said, that canal is an awesome training resource and it would be a shame if there was nowhere to launch.


#44 Fri, 04/01/2011 - 9:30pm


jc9: Maybe time for go test out Neal, the gov. and see where he stand? Maybe Waimanalo might still have their Peoples Park? Them smart attorneys and residents at Kailuana Pl. doing everything legal for prevent the establishment of a public easement by default, so that's why they exercising control. Funny thing though, the residents in Lanikai, a very long time ago, bought up all all the beach right-of-ways there. Eventually, they donated back to the City the right of ways, either under threat of eminent domain proceedings or good community spirit? Anyway, some beachfront owners there use to kapu a portion of the submerged lands there with rope and buoys because their property lines actually extended out that far. Anyways, the best thing for do is to start up a land acquisition fund for buy properties for canal access for paddlers. We risk staph and flesh eating bacteria all the time when we launch in the Ala Wai because it is still the second best flat water paddling venue next to Kailua. Now, who get the best "bridge to bridge" workout: Kailua or Waikiki?


#45 Fri, 04/01/2011 - 9:45pm


Why dont you people simply buy some land where you want access to the water. If none of you individually have the money to pull this off , why not form a hui ; a paddlers hui to get it done. Buy or build a nice canal front residence , call it a canoe club if you want . Have it be desireable as a rental condo so that it generates its own income stream.

Once the place is finished , hire Fuzerider to come to Hawaii to manage the place and handle the cash flow while happy paddlers come and go in total freedom and contentment.

Hale Fuzerider will have staff on hand at the ready to unload your boats , rigg boats . Hand you a full drinking system of your favorite paddling beverage as you head out for a workout or a day on the beautifull deep blue sea.

When you return , staff will derigg and gently tie down your canoe or ski onto your vehicle as you shower and sip your favorite recovery drink.

You people know that this is the way that life in Hawaii is to be lived !!

Don`t doubt me !!


#46 Sat, 04/02/2011 - 2:26am


great to see so many comments on this topic posted here. I wrote and sent the bellow letter to info@jikaikaanderson.com

I encourage others to send letters as well (or copy mine) As much as this thread is great to follow, action is only going to happen if we let representatives know what is going on and what our needs are.

It only takes moments to copy and paste this letter and change your name or write your own letter and send it to Ikaika Anderson at info@jikaikaanderson.com

If too much time passes we will loose the momentum....

Sent April 1, 2011:

Dear Representative Anderson,

I am writing regarding the Kawainui Canal in Kailua, also known as 'Pinky's'. I paddle one-man outrigger canoes and rely on the canal as an integral part of training for competition in Hawaii and overseas. Currently there is a movement by some of the residents surrounding the canal to make public access extremely difficult, if not impossible.
In the past, paddlers have launched their canoes, in many cases unknowingly, via private property from the banks of the canal. Although I am grateful for the access I have had, it is with great dismay I now find myself with safe access to the canal restricted by private land owners and the Kainalu Home Owners Association.
For many years the canal has been used not only by residents who live along the canal front, but also by the local paddling community including kids and adults. The canal provides great public benefit and as far as I understand, is maintained by both the State and City and County of Honolulu, therefore paid for by tax payers.
I suspect that the canal is not intended only for use by those privileged enough to live along its banks, but please let me know if this is not the case.
One solution I can see to this access issue, is to create a safe launching area at the far end of Pinky's canal, where Kaiwanui Park currently exists. There would need to be a few modifications to make the park usable. Park hours would need to be extended to allow for before and after work paddling, and a launch area, or easement of some sort would need to be created.
There are so many local businesses that focus on paddling, of many different craft, both for tourists and residents. In addition, there are high school programs that include one man or surf ski paddling and use flat water to train. Currently, the only other flat water in Kailua , Kalaelepulu Canal, otherwise known as Buzz's, is a health hazard due to it being polluted and having high counts of infectious bacteria. Pinky's canal allows paddlers of all levels and ages access to flat water training.
Representative Anderson, in this day and age where activity is so vital to the health of our community, and the growth of Outrigger canoeing is so important for many local businesses, is it not imperative to designate a permanent paddler's launch on the Kawainui Canal in Kailua? I believe this is a win-win situation for everyone involved, and could be an easy way to resolve some of the private property access issues which are now coming to the community's attention.
I would be very supportive of your attention on a solution to this issue of safe public access to the canal.
Thank you,
Anna Mathisen


#47 Sat, 04/02/2011 - 11:34am


ALM: Please be advised that Ikaika is not a representative, but a City Councilmember. There is a difference. And make sure you let him know you are a voter in his district? Unless you vote, most don't care, and slough you off for screening to the Neighborhood Board to hear your issue. The last highly effective Windward Councilmember we had was the late Mary George (now this dates me), who at times was just as powerful as the Mayor. She was around years ago and the Windward Side has not produced anyone better since. So the Windward Side gets shafted all the time. Too bad for us. However, there is power in numbers and with this issue, there is hope.


#48 Sat, 04/02/2011 - 5:03pm


Check the tax map key (TMK) which is available as a public record. It should have the established C&C easements for public use and the property lines on the blueprint. If there is no easement on the map, but there is an established record of community use, an easement may be able to be condemned to the C&C.

I'm sure I don't have to tell you that Kailua has had a history of battles over beach/shoreline access. Get organized now and show up for the Kailua neighborhood board meetings to begin getting this disagreement into the public record. The actions of the "land owner" will be tough to deal with or even impossible if the community support for access is not brought to the attention of our board representatives and elected officials.

Beach access is a strange issue, because how ever the "community" represents themselves seems to steer the mitigating process. Look at the Kalaheo avenue access points. Some have been established and protected while others have been gated off because of the way the "community" has responded. Unfortunately, beach lot owners tend to have a lot of $$ to throw at lawyers, and the beach lot owners may band together so be prepared.

Get organized with the TMK's and show up in force at the next Kailua board meeting to establish for public record what is going on and where your support and the support of the community at large is. It is a start.

I'm in Puna now, but man, I remember going through a battle in Kailua that took some time to resolve. In the end, we did end up insuring access. Cynthia Thelien was on the wrong side of this issue at the time, she acted as the attorney representing the land owner that had cut off our access. I believe she is a beach lot owner as well. It took time but we insured our access rights at that one point for us, and our future generations If you do not establish a consensus amongst the community members involved, it will be very difficult to keep the access point open.

Get organized and represent!


#49 Sun, 04/03/2011 - 10:24am


Koacanoe...off topic but it was great to read your comments about Sen Mary George. My mother worked for her for years. She was a good family friend and an actual politician that her constituents best interests at heart.


#50 Sun, 04/03/2011 - 2:09pm


verylowtide: That's why the Pavilion named after her. She got my respect because she no scared blast us lolo constituents for not listening to her in putting in the sewers after she fought hard to get them for us. So I no blame her for moving on to the State after we no listen (Coconut Grove residents did and didn't suffer cesspool backups). From Portlock to Mokuleia, beach access will always be an issue, and now with more and more paddlers wanting access, land owners should follow the lead of those wise Lanikai residents, of years ago, and allow public access.


#51 Sun, 04/03/2011 - 3:29pm


KoaCanoe: I'm glad you think there is hope!

Kingof Kailua: Would you happen to know when the next kailua meeting is?

Survey being taken in an attempt to give feedback to our representatives.

http://www.surveymonkey.com/s/NKYCC9Q

Anybody who is reading this and wants to take 1 minute to do this survey you can have imput without having to show up at any meetings!

I posted the survey saturday and already close to 70 people have answered. Thank you to all for helping!
Please pass it around the more that take it the better.


#52 Mon, 04/04/2011 - 5:23pm


Re: Board mtg.
I'll find out though and post it.

~~~~~~
Check it.
http://www1.honolulu.gov/nco/nb31/index.htm


#53 Mon, 04/04/2011 - 6:00pm


The vacant land across from Kalaheo HS is owned by the state and plans exist to develop the lot into a park including canoe launch. The plan was funded through Mayor Jeremy Harris' Vision Team program. When the City administration changed, the project was shelved. Paddlers could probably get some minimal version of the full blown plan implemented if they were willing to work cooperatively with the city and state, and possibly donate labor and materials to create a rustic parking/launch area, and agree to maintenance.


#54 Mon, 04/04/2011 - 7:41pm


Interesting: The "dog people" that own the dogs that my dog sometimes associates with have been saying for years that that there are plans for that lot to become a waterfront dog park. I wonder how many other speculations exist regarding that lot. Out of all, I think me and my dog would personally prefer the canoe launch


#55 Mon, 04/04/2011 - 10:59pm


Hey ...paddlers and dogs can coexist. Seems like dog owners would be good allies in this and most paddlers I know are dog owners.


#56 Tue, 04/05/2011 - 6:53am


ALM: Of course there is hope. Go google "portlock beach access" or "portlock right of ways" and you'll see that the Portlock Community Assn. also, in the public spirit, did follow the Lanikai example. Hey! Even one Townnee Councilmember brought along his own locksmith to open the locked gate to the beach. It is actually our own City government (not the State) that is the number one culpret in denying us access to the canal - as you can see by all the signs. As a result, all that green space, on both sides of Kawainui Canal, lies fallow for the public, except for the abutting property owners. Who's subsidizing this lifestyle?


#57 Tue, 04/05/2011 - 8:42am


Aloha All! I tried to post this last weekend !Poidog is on the money !Lets unite doggers,paddlers of all levels ,schools,Surfridder Foundation .there has been a Environmental Impact Study done on this already see ( http://oeqc.doh.hawaii.gov/Shared%20Documents/EA_and_EIS_Online_Library/... ) copy and paste,For us to get into pointing fingers is not productive.Singling out individuals is a good release ,but its not going to get us access.The history of Hawaii is always been about Real Estate and for us to go after the facilitators or the consumers of this world is futile.There pockets are to deep and outside of forcing a Eminent Domain seizure (Gov. cockaroaching private property)from the city and county or state for access,I suggest we do the what Picses and others suggested .Get on Chris Lee, Ikaika Anderson and Lt. Gov Brian Schatz (Paddling community was very instrumental in getting him the Dem. nomination to run last year.The Kailua Board shut this down before ,I approached Don Bemmer and asked why and his response, was the city and county would have control and mess it up and it would be a crack house depot(parking and partying)There is strong opposition from home owners across the canal from opening woods and exposing them to traffic and lights and people.The cut into the area could be done to help the visual and audible impact on there homes.But as far as them tolerating people.the benefits of what this does for the school kids ,paddlers ,fishermen has a lot to say. We all share our spots,I get a hundred people up my driveway going to the pillbox every day ,im stuck in traffic getting in and out of Lanikai.Its all about sharing and approaching the opposition from a Kokua position and we can do this.
Mahalo
David D


#58 Tue, 04/05/2011 - 9:23am


Supah Dave Daniels?


#59 Tue, 04/05/2011 - 6:39pm


just do like me and launch from the bridge! Rush em brah!


#60 Tue, 04/05/2011 - 9:11pm


Not Dave Daniels!!he !!!


#61 Tue, 04/05/2011 - 9:42pm


Tried to check it out today......


#62 Mon, 04/18/2011 - 3:08pm


Sounds like the evil doers are reading this blog! Go into code words immediately lol!


#63 Mon, 04/18/2011 - 5:04pm


Kainalu Point Homeowners Association, who owns the road and the guardhouse, is a business "not in good standing."

http://hbe.ehawaii.gov/documents/business.html?fileNumber=206192D2

Also, their purpose states:

"FOR PROMOTING THE SOCIAL WELFARE OF THE CITIZENS OF THE UNITED STATES WITHIN THE MEANING OF SECTION 528 OF THE INTERNAL REVENUE CODE OF 1986;"

They are a non-profit organization.


#64 Tue, 04/19/2011 - 1:21am


Wow. It's pretty sad to see that these people are so incredibly selfish about a tiny piece of land that they don't even use.

I hope these people lighten up, b/c karma is definitely a bitch.


#65 Tue, 04/19/2011 - 4:00am


Aloha all!the association had nothing to do with the signs and it was the dude across the canal(with for sale sign on his house) the placed these without approval from owners and the association .He backed door ed the process by using "town side "developer Don Evino & associates .i rep 2 owners and have heard from 2 others that this is something that they never approved and did not place or approve these signs.To keep any thing that we don,t want the scrooges to see I recommend cc: to individuals on this thread .In my prior post, we should push opening up the marsh from the" Peoples land "across from Kalaheo High School.Good to see this is still a active issue and lets get one voice and push this .


#66 Fri, 04/22/2011 - 7:32am


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