Kohanaiki Beach Access – Big Island of Hawaii

In the early 1990s, Nansay Hawai’i, Inc., a Japanese corporation, proposed a resort development at Kohanaiki, including two hotels with over 1,000 rooms, 330 multiple family residential units, 380 single family homes, a golf course, health club, restaurants, retail shops, artisan village, and a child care center. Although occupying an expansive patch of mostly underdeveloped volcanic lava fields, access to the property’s shoreline, which was a popular recreation area for beachgoers and surfers, became a significant concern. Also of great concern was the destruction of cultural and historical resources near the shoreline and on other areas on the property.

In response to the threats to public access and cultural and historical resources, a number of local community-based organizations were formed to oppose the development. One organization, Public Access Shoreline Hawaii (or PASH), representing native Hawaiians, opposed the development arguing the development would violate the traditional rights of native Hawaiians to use the land for cultural, religious, and subsistence purposes. PASH filed suit against the Hawaii County Planning Commission over its approval of the project. After five years of litigation, the Hawaiian Supreme Court ruled in favor of PASH and recognized that a developer’s private property interests are subject to the superior rights established by customary and traditional native Hawaiian gathering practices.[1]

Another community group, Ka Pa’akai o ka ‘Aina, filed suit against the State of Hawai’i Land Use Commission arguing the commission’s decision to rezone lands from conservation to urban similarly infringed on native Hawaiian rights and that the commission had failed to properly assess environmental and cultural impacts during its decision-making. After years of litigation, this case too reached the Hawaii Supreme Court, which again ruled in favor of arguments concerning native Hawaiian rights.[2] After negotiations with the County and shoreline/cultural advocates, the property’s new developer reached an access agreement to provide over 100 acres for a public shoreline park. The park is now a popular space for recreation, education, and cultural preservation. Management and maintenance of the park is provided through a shared agreement among the developer, County, and community groups.

[1] Public Access Shoreline Hawaii (PASH) v. Hawaii County Planning Com’n (79 Hawai’i 425, 903 P.2d 1246 (1995)). For a summary of the ruling and its significance, see https://www.cades.com/2021/11/12/pash-no-one-legacy-for-hawaii-land-use-and-shoreline-public-access/

[2] Ka Paakai O Kaaina v. Land Use Commission, No. 21124. (94 Hawai’i 31, 7 P.3d 1068 (2000))