BLNR defers action on beach encroachments

The state Board of Land and Natural Resources deferred action Friday on a deal to resolve encroachments onto state beach reserve land in Kihei by owners of the 60-unit Hale Kai O Kihei condominium complex.

State Department of Land and Natural Resources Land Division officials proposed assessing the condo owners a $500 fine and $260 in administrative costs, but the land board took no action on the matter, according to Deborah Ward, spokeswoman for the DLNR.

There was no immediate explanation for the deferral.

Payment of the fine and costs would resolve the condominium’s use of state property for portions of a pool deck, a patio, a waterline easement and two showers. The total area of state land involved is nearly 3,150 square feet, or less than a tenth of an acre.

The proposed deal would require the condo owners to fund an independent appraisal of the property and then pay fair-market-value rent for a 55-year, nonexclusive easement. The appraised price would determine the amount of the condo owners’ one-time payment for use of the property during the term of the lease.

Signs also would need to be posted to inform passers-by that the property is open and available for public use, including the two showers.

The condo complex is at 1310 Uluniu Road.

Maui District Land Agent Daniel Ornellas reported earlier this week that Hale Kai O Kihei has been cooperative in addressing violations discovered since reports of unauthorized uses of state beach reserve land that surfaced in January 2007. The unauthorized improvements and obstructions created the impression that the public beach reserve areas were privately owned, state officials said.

The condominium owners removed two barbecue stations at their cost, Ornellas said, and they cut back large, overgrown hedges that had impeded public access to the area.