The city is a step closer to initiating a condemnation action to acquire an easement for a long-discussed public beach right of way to the ocean
in East Honolulu’s ritzy Portlock Road area.
Resolution 18-263, clearing the way for proceedings to begin, will go before the City Council on Wednesday. If it clears, it would still need one more vote of
the full Council, likely in January. The measure cleared the Council Budget Committee on Wednesday.
Known as Lane N, the path has been used by surfers, fishermen and other oceangoers for years, but property owner Bert Dohmen-Ramirez installed a locked, chain-link gate to block access.
Dohmen-Ramirez did not attend last week’s meeting, but submitted written testimony arguing that taking his property is unnecessary because there are other access points within 50 yards of the lane. He accused area Councilman Trevor Ozawa, who introduced the resolution, of going after his property to score points with voters in a close re-election bid.
But the resolution received mostly positive testimony comments from East Honolulu residents at last week’s meeting as well as in written comments.
Area resident Wayne Fujihara said two nearby easements lead to several steps onto the beach, and medical issues prevent him from using them. Lane N, next to 379 Portlock Road, is flat, he said.
Fujihara said he’s not the only person who uses the beach there who can’t make it down the steps.
He said he’s worried that acquiescing to the owners in this case would set a bad precedent that others with beachfront properties will cite when trying to block public access to the shoreline.
While the owners of the alleyway did not attend last week’s meeting, Portlock resident Alan Zukerkorn said he owns a similar lane and opposes the taking of Lane N through condemnation.
“These lanes are not truly lanes; these are driveways to our private homes,” Zukerkorn said.
“You’ve heard countless stories … of litter, graffiti, drugs, vandalism from the public access of our driveways from homeowners that have been brave enough to speak out,” Zukerkorn said. The owners of Lane N allowed the public to use the path, “but the public abused that privilege, I feel, and the homeowner’s put a stop to it by erecting a gate on his private property. Now the public is asking for the city to, in essence, reward their behavior.”
Zukerkorn suggested that the city survey Portlock property owners and find two or three who are willing to provide the access. “Why does it have to be that lane? There are other areas (where) people can access the water without, I feel, infringing on our right of private property ownership.”
But Ozawa, who represents the area, grew up there and introduced the resolution, said the path was used traditionally by people to access the beach, and he believes it’s because it has a sandy bottom. “It
is part of our identity to
be able to share that area,” he said. “This easement is important to the community.”
Alex Costa, who lived in the area from 2012 to 2017, said Dohmen-Ramirez’s gate is an attempt at “a total, unethical land grab.”
Reports of trash and criminal activity in the area are exaggerated, he said. Meanwhile, people who live at the Dohmen-Ramirez property confront beachgoers and question why they’re in the lane, he said.
The Council last year
approved Resolution 17-246, giving city officials the go-ahead to initiate condemnation action against Dohmen-Ramirez. Mayor Kirk Caldwell signed the measure.
But at a committee meeting in October, administration officials said they determined the area did not provide a safe emergency access for first responders.
Ozawa then introduced Resolution 18-263.
Other Portlock beachfront property owners have confronted people trying to reach the beach through other public access rights of ways, Ozawa said. “This is not what we’re supposed to be doing in Hawaii, in
Honolulu, in Hawaii Kai or Portlock,” he said.