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2017 Op. Haw. Att'y Gen. 1 (2017)

handle is hein.sag/saghi0090 and id is 1 raw text is: 







      DAVID Y. IGE                                   DOUGLAS S. CHIN
      GOVERNOR                                       ATTORNEY GENERAL



                            STATE OF HAWAI'I
                      DEPARTMENT OF THE ATTORNEY GENERAL  FIRST EPU  ATTORN Y
                              425 Queen Street          GENERAL
                              Honolulu, Hawai'i 96813

                         December  11, 2017



The Honorable  Suzanne D. Case
Chairperson,  Board of Land  and Natural Resources
State of  Hawai'i
1151 Punchbowl  Street, Room  130
Honolulu,  Hawai'i 96813

Dear Chairperson  Case:

               RE:  Shoreline  Encroachment Easements

INTRODUCTION

     By memorandum  dated August  10, 2017, you asked  for our
advice  regarding the Board of  Land and Natural Resource's
practice  of requiring private  owners of coastal properties  to
obtain easements  for structures  that were originally  constructed
on private  property but are now  located on State-owned  land due
to the  landward migration of  the shoreline.

QUESTIONS AND  SUMMARY ANSWERS'

     1.  What  is the dividing  line between public  and private
property with  respect to oceanfront  property?

     Short  answer:  The State  owns all lands makai  of the the
upper reaches  of the wash of waves,  usually evidenced  by the
edge of vegetation  or by the  line of debris left by  the wash of
waves.   For convenience, we refer  to this description  as the

  The intent of your  memorandum is clear  even though it does  not
directly ask  specific questions.   We have taken the  liberty of
setting out  questions we believe  are raised.


Op. No.  17-1

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