HomeMy WebLinkAboutResolution No. 2012-59COUNTY COUNCIL COUNTY OF KAUAI Re5Citut to n No. 2012-59 RESOLUTION RELATING TO THE ACQUISITION OF A PUBLIC ACCESS EASEMENT TO PAPA'A BAY WHEREAS,p Pa p a`a Bay's pristine waters and sandy shores make it one of Kaua`i's most prized beaches; and WHEREAS, Papa`a Bay is used by residents and tourists for surfing,snorkeling, and fishing; and WHEREAS, Papa`a Bay is an area of cultural and historical significance, and was frequented by both Native Hawaiians and sugar mill workers; and WHEREAS, beach access to Papa`a Bay was located through an approximately 19-acre parcel of land fronting the beach, known as the Widemann Reservation; and WHEREAS, Kauai residents' continuous use of this beach access dates back to at least the 1920's; and WHEREAS, public access to Papa`a Bay was blocked in 1958 when the property owner put up a gate; and WHEREAS, the County of Kaua`i argued for public beach access rights in Mandalay Properties Hawaii LLC v. County of Kauai, Case No. 05-15383 (U.S.Court of Appeals, 9th Circuit) and County of Kaua`i v. Mandalay Properties Hawai`i LLC, et al., Civ. No. 05-00052 DAE/BMK (U.S. District Court); and WHEREAS, the Court in these cases ruled in favor of Mandalay Properties Hawai`i LLC, holding that the area in dispute is not a public right-of-way; and WHEREAS, the only current access to Papa`a Bay is along a steep and hard to traverse trail, located along the southern edge of the bay; and WHEREAS, the nearest beach access points are at Moloa`a Bay to the North,and Aliomanu Beach to the South, covering a 3.3 mile stretch of coastline; and WHEREAS, the current public access road at Papa`a Bay is approximately 670 feet from the beach; and
WHEREAS, in order to provide an adequate and safe public access to Papa`a Bay; now, therefore,BE IT RESOLVED by the Council of the County of Kauai, State of Hawai`i,that the County's Public Access, Open Space, and Natural Resources Preservation Fund Commission is requested and encouraged to pursue obtaining a safe and adequate public access route to Papa`a Bay.BE IT FURTHER RESOLVED, that the Council requests that the County's Public Access, Open Space, and Natural Resources Preservation Fund Commission look into all avenues for obtaining this public access, including the use of eminent domain proceedings.BE IT FURTHER RESOLVED, that copies of this resolution be sent to Mayor Bernard P. Carvalho, Jr.; Paula Morikami, Boards and Commissions Administrator; Public Access, Open Space, and Natural Resources Preservation Commission members; and Mike Dahilig, Director, Department of Planning.INTRODUCED BY:IAAP IM BYNUM V:\Resolutions\2010-2012 term\2012-Resolution Papa'a Bay—TB-GG-LC.doc)Q^re 97,a4 03 X c .1. 01 x t o Le sj, tg,a t o€4.1u4A,a.n Ota. 2012-59 x y t `e, JLa+a,,., 1Can4.ai.a, om. November 28,..,.2012=4-,,--- -X tea Jold 7 0 0 aa 11-28-2012