Another legal battle is reshaping the ongoing fight over public beach access in Hawaii, as the state’s Board of Land and Natural Resources (BLNR) faces scrutiny for allowing private interests to once again encroach on public shorelines. The case, centered around access near the Kahala Resort & Hotel in Honolulu, has resulted in a strong rebuke from the courts, raising more concerns about whether Hawaii’s public beaches are at risk.
A legal win for public beach access.
Despite public concerns, the Bureau of Land and Natural Resources (BLNR) allowed the Kahala Resort to occupy and privatize public beachfront land for over 50 years through month-to-month permits. On January 29, 2025, the Intermediate Court of Appeals of the State of Hawaii ruled that BLNR violated public trust duties regarding Lot 41, a section of the public beachfront near the Kahala Resort.
The ruling highlights the broader issue of state agencies granting revocable permits indefinitely, which is a contested practice. This ruling effectively rebukes the BLNR’s handling of public land and reinforces legal protections for public beach access. The case returns to circuit court, where further legal battles are expected.
The ruling, tied to a 2018 lawsuit, calls into question the state’s commitment to enforcing public access laws. That case was based on the argument that the state’s Department of Land and Natural Resources (DLNR) permitted the hotel to privatize public land, creating an exclusive atmosphere for its guests while limiting beach access for residents and visitors. The court agreed, stating that the BLNR had failed to conduct the proper analysis before granting the hotel’s request.
While the ruling focuses on a specific stretch of shoreline, it has broader implications for Hawaii’s ongoing struggles to keep beaches accessible to the public.
The fight over Hawaii’s beaches.
Hawaii law is clear: all beaches are public. Unlike many mainland states where private ownership can extend to the waterline, Hawaii’s constitution ensures that the shoreline is for everyone. However, enforcement has been inconsistent, with hotels and wealthy property owners often testing the limits of public access laws.
This latest ruling follows years of similar disputes. Across the islands, cases have emerged where resorts, luxury developments, and private landowners have attempted to restrict access through signage, security, and the placement of commercial equipment.
One commenter described their experience with access restrictions firsthand:
“I feel the same way about Ko Olina beaches on the west side of Oahu. The claim is that it remains available to all. But no beach umbrella or shade is allowed to be set up, which highly discourages kama‘āina from enjoying the beach. Only those with access to resort chairs and umbrellas are entitled to shade at Ko Olina.” – Commenter Shelley.
See: Hawaii’s Public Beach Access Blocked | Taking On Wealthy Landowners.
Despite laws designed to protect public access, many hotels and resorts have found ways to limit usage, often making it difficult for non-guests to enjoy Hawaii’s beaches as intended.
What this ruling means for Hawaii visitors and residents.
The Attorney General’s office and DLNR are reviewing the ruling, and while they have yet to announce their next steps, the decision could force stronger oversight of hotel practices on public land.
For visitors, this case serves as a reminder to be aware of their Hawaii beach access rights. Hotels do not own the beaches, and any attempt to block or discourage public use should be questioned.
One potential outcome of the ruling is that it could influence how commercial activities are regulated statewide. Act 227, a law aimed at stopping the presetting of commercial beach equipment unless a customer is present, already limits certain hotel practices on public access. However, gaps in enforcement remain, and this ruling could push for stronger protections.
The controversy also raises questions about how state agencies weigh economic interests against public rights. Allowing hotels to limit access may be framed as a way to enhance guest experiences, but as this case highlights, those decisions must stand up to legal scrutiny.
The fight in Hawaii isn’t over.
The Kahala Resort’s situation is part of a broader pattern in Hawaii’s tourism industry. Hotels seeking to maximize guest exclusivity often do so at the expense of public spaces, and without legal challenges, these practices can become acceptable.
When Beat of Hawaii editors stayed at the Kahala Resort in December 2023, they remember seeing public beach access signs and a few non-guests on the beach. It was never a large number, however, and hotel guests mostly used the beach.
Public beach advocates see this ruling as a crucial victory, but it’s far from the final word. The case heading back to circuit court means further legal battles are likely, and the state’s response will determine whether similar disputes will continue unchecked.
“If people want to block public access to public beaches, then the people should block access to public roads,” said commenter Jack B.
Hawaii’s beaches are among its most valuable natural resources. Whether the state upholds its duty to protect them for public use remains an open question.
We welcome your comments.
Lead photo © Beat of Hawaii at the Kahala Resort in December 2023.
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Reading the story regarding the Kahala circumventing the laws to keep people from getting to the beach, has me wondering how Benioff was able to get the ala kahakai trail re routed away from all the land he has accumulated between Mauna Kea Beach Hotel and Spencer Park? It used to be be along the ocean, but when sending a friend to hike it, I was informed of the change.
I suppose that the answer is $$$$!
Sounds like someone at DLNR has been on the take.
Quick. Wait while I register that look of surprise!
What does flooding in Kihei have to do with public beach access?
I no longer find Honolulu Beach is enjoyable since there is no space because hotels taken up too much space can’t even walk by around their rope and chairs and umbrellas.
I saw photos on the web of mud on Kihei Road due to recent flooding. We were at Kihei Bay Vista across from the turtle pond in December. Between our condo and the Hilton, there was a massive dig at the terminus of the water flow system coming down from the mountain. It was right by the bridge. This was new. What was going on? At first people told us there were going to be condos there, too. Which sounded nuts. Then they said it was a water sluiceway. The causeway is not covered in concrete. it has so much dirt they were trucking it away (maybe it’s actually a dirt project for hotels?) and you could see it would all cut loose in one of the big storms.Which it has. We were all sitting around in the pool in December, and actually predicting it. Hawaii seems out of control. A tenant there texted us a few days ago the pool and hot tub were under mud. I was there in a prior flooding, years ago and water, trash, and floating toilets were going down Kihei Road. This is different.
Why does the kauai bureau of land management allow mark Zuckerberg to prohibit public access to the beach in front of his residential compound? People on kauai should vigorously fight this land grab from billionaires trying to exert power. George Harrison tried to do the same thing on Maui and he lost and moved off the island.
I do not understand the headline, which implies that something happened to put public beach access at risk. The story actually implies that maybe public access will soon be getting better, not worse.
The ko olina beachs are man made….hence they should have prop rights. The original coast line there was rocky.
Although it’s true that they’re man made it still doesn’t mean they should be turned into another Waikiki, especially given the fact that the lagoons are not as spacious and anything other than people makes them crammed, thus they lose the original charm. Just wait till Atlantis arrives in the future.
The Ko’Olina resort developers were mandated to provide public parking to all the beachfront on their ‘man-made’ lagoons. As mentioned, the resort security prevents locals from using umbrellas and tents. These people should go to lagoon #4 that has no restrictions on these items. Ko’Olina has all of the property right they are going to get; if they had their way, they would restrict all public access.
Public beaches is what sets Hawaii and most of Polynesia apart from other tropical destinations. All beaches should be public for the benefit of Everyone.
Blocking public beach access goes against everything Hawaii stands for. The beaches aren’t just for recreation—they’re part of our culture and history.
If you buy beachfront property in Hawaii, you should expect to share the shore. Not continually game the system until you make it yours. Period.
Kauai has lost so many public access points over the years, it’s ridiculous. Wealthy landowners buy up beachfront properties and suddenly the trails and roads everyone used for decades just seem to disappear.
This is part of a much bigger issue. The ultra-rich in Hawaii are slowly buying up more land and making it harder for everyday people to enjoy places that should be for everyone. Feels like they’re just waiting for us to give up.
I’ve seen this same fight play out in other places, and it always comes down to who has the deeper pockets. Hawaii needs to take a stronger stance on protecting what’s supposed to belong to everyone and this has been going on for far too long.
This ruling is a huge win, but let’s be real—enforcement is where things always fall apart. If no one holds the state accountable, hotels will keep finding ways to push the limits.
How about beach parking, the hotels and other commercial inter-prizes block beach parking with containers and other equipment and have been doing it for years. I use to complain to Wayne Nishiki about the Hyatt Kaanapali, they used beach for construction equipment parking and storage I finally stopped going.
The commenter mentioned in the article complaining about ban on umbrellas in Ko Olina that has plenty of shade under the palm trees. I’ve never seen umbrellas on Keawula, or Waimanalo or Sunset or Lanikai, but in all honesty what Four Seasons and Aulani have done with lounge chairs is an atrocity that should be removed. Let the guests lounge by the pools and leave the beach as is for everyone to enjoy. Why turn Hawai’i into a Mediterranean hell where in the season you can’t drop a towel from the overcrowding. For that, we have Waikiki.
Maybe we should invite President Trump to step in , ( the beach is not private) I say ask the President…..
Isn’t renewing a month to month permit enabling a hotel to dictate who enters the property the same as not owning the property but controlling who can reside such parcel for said guests only. I don’t know if there was a price to renew and issue these permits but it may lead to the people with the most money and are willing to pay always win. Public should mean Public and when it comes to Money I guess it is like the saying. “Money is the root of all evil”. All I know is taking away public beach property makes adjacent public beach property more crowded and less relaxing. Without public beach access in Hawaii then what impact on tourism would that be?
Maybe I’m not understanding something, but if you limit rentals
And a two bedroom ocean from drops from 1.2million dollars in Maui to $750k how is the average resident on Maui but the place for 750k and afford the 2k per month HOA, $500 electric and water bill.
And if the owner doesn’t sell the property , why would they rent it out long term and take a few thousand dollar a month loss and not be able to visit their own condo. If 7k units are no longer short term rental tell me who is going to afford the new mortgages and HOA fees in addition to other expenses. I must be missing the point bc otherwise those units will be empty. If they become very inexpensive then people will by them not rent them long term and just use them as personal use. Also if Hawaii wasn’t so greedy in their income tax then more people might move their full time instead of your wealthy that live in no tax states , maintain a residence in Hawaii and not have to pay one penny of state income tax .
You know who doesn’t try to “privatize” the local beaches? Short term rentals. The State and Counties prefer to cater to the big international hotel industry who ship profits offshore and restrict public lands, while demonizing small local STR owners who keep the money on island and want to protect the lands.
‘Looks like the corruption in the HI swamp is alive and well. If the state AG doesn’t investigate this and prosecute people who are guilty of pay offs and corruption, it will be one more reason the voters need to clean house in all state elected positions. When will someone in the press start pressing hard for this? BOH is in a perfect position. Get Going!!