Musings: Beat It

Just when you think a problem is solved reasonably and equitably — in this case, the re-opening of the closed public access at the former Hanalei Plantation Resort, whose proper place name is Kauakahiunu— it turns out it's not.

To back up just a minute, I first wrote about Lance Laney's encounter with three cops who threatened to arrest him for using that easement. Then I wrote about how Michelle Swartman, who represents the landowner, billionaire Pierre Omidyar, acknowledged that the easement does indeed exist, and that pedestrian access is allowed.

Well, Michelle finally got around to calling Lance personally to apologize, confirm the access and otherwise ho`omalimali. “You would have thought we went to high school together,” Lance recalled.

She also suggested that perhaps he'd like to join the little cadre of residents helping Omidyar achieve his vision of an “eco-resort” — and some 34 mansions — on the bluff overlooking Hanalei Bay. Seems another group of citizens is simultaneously working to oppose the uber-luxe project in its entirety.

Lance wasn't interested in joining her group. “I just want to go fishing,” he said. But when he went to use the access this past weekend, parking where he usually does by the still-locked gate, he returned to find a warning citation issued by Princeville Corp. It read: “You have beach access only. No parking. You will be towed.”

The citation, undated and unsigned, was left only on Lance's vehicle. A moped that was parked at the gate when he got there was not given a similar notice. Not a single sign indicated it was a no-parking zone.

Lance called Princeville Corp. four times to ask what was up, but no one returned his call.  So he reached out to his new BFF, Michelle, who feigned total ignorance of any parking issues associated with the access.

“She knows, of course,” Lance said. “She told me she's in charge of anything that happens with the [Omidyar] land on this island, so she's gotta know about this. I'm totally convinced this is a big end-run to keep people from using that access.”

Lance next reached out to Carl Imparato of the Hanalei-Haena Community Assn. Carl told him that Omidyar owns Hanalei Plantation Road all the way to the police station, which Lance estimates to be about a mile from the access gate. "I think the county was really negligent when they let that happen," Lance said.

Meanwhile, a friend who was working up in the area checked out the access and sent me these pictures, with the question: “how can they put a locked gate across a 20-foot-wide public easement?”

The public uses that little track through the grass to the left of the gate.

At the other end, coming up from the beach, the “access” is even more inhospitable — and dangerous. Folks have to walk 15 feet to the left of the locked gate to clamber through the brush and over the pushed down fence.

As you can see from the approach to the gate, there's ample room for roadside parking — and nary a “no parking” sign to be seen.

Another friend who recently walked the easement said she and her friends parked near the houses on Hanalei Plantation Road. They encountered no security guard. As an interesting aside, one of the properties on the mauka side of the road is listed for $14 million, which gives you an idea of the hefty price tags those planned rim-side lots might carry.

I also learned that the access has been blocked for the entire 4.5 years that Omidyar has owned the property, in apparent violation of the 1984 grant of easement to the County that states: The Grantor and its successors and assigns shall "maintain and keep in good repair said pedestrian pathway easement."

I sent Planning Director Mike Dahilig emails on June 7, 13 and 21, asking about the status of that easement, and what recourse the public has when an easement is blocked. He said on June 8 that he would get back to me, but so far, nothing yet.

Additionally, I learned that on March 23, the Hanalei Bay Coalition sent Omidyar and his wife a letter, expressing concerns about the project and most especially the closed beach access:

We have been shut out by a gate and a sign that calls us trespassers on our own land. Over the course of six months of community meetings conducted by your organization’s development agents, not once has this deeded access been publicly acknowledged.

The Coalition got this reply:

"Thank you for your letter. We appreciate the care and concern you have for Hanalei. We share it as well. We are aware of all the concerns you raise. Our team is working diligently to design a project that will be good for the environment, for the community and for the economy. Please communicate directly with Eric Crispin [the leader of the project development group] if you have further questions."

When the Coalition responded that the project development group was blowing them off, it got this final rely from Omidyar's people:

"We appreciate your concern. We continue to believe that the best way of resolving issues regarding the property is through the team led by Eric [Crispin]. The issue of public access is not as simple as it appears. Please speak with Eric about this."

Though the legalities may be complex, the moral issue is quite simple. 

“It just shows the mind set of the property owner,” Lance said. “The people who are going to build up there don't want us around, anyway, so they don't care what the community thinks. It would be very simple for this guy to be a neighbor. He doesn't have to be a jackass.”


As for Lance, well, after two ruined fishing trips, and facing the prospect of a long walk or expensive tow, he's lost enthusiasm.

“I think they pretty much beat me," he said. "When you look at how much money this guy has, well, David won once, but Goliath usually ends up swallowing all the little guys. Now I gotta find a new place to go fishing.”