Tuesday, May 21, 2024
Hawaii Daily News Read

Current Articles | Archives

Thursday, November 26, 2020
Letters to the Editor November, 2020
By Letters to the Editor @ 1:26 AM :: 2243 Views

Hawai'i Sea Wall Regulations Unconstitutional

Dear Editor,     November 23, 2020

Hawaii's regulations regarding sea walls is not just controversial it infringes on property ownership rights that are protected in the Country's Constitution.

In a Federal Supreme Court unanimous ruling, 2005 Lingle v. Chevron case, the Supreme Court took the occasion to deliver a tutorial on takings jurisprudence, both regulatory and physical. In particular, the Court reiterated a standard applicable to land development regulations, whether at the state or county level, based on previous holdings.

'If a regulation only partially deprives a landowner of economically beneficial use, then the court must examine the character of the governmental regulation and its economic effect on the landowner, and in particular whether the law frustrates the distinct or reasonable investment-backed expectations of the regulated landowner.'

Clearly the law cannot pass the burden of land loss by erosion to be suffered entirely by the property owner.  There are other remedies to beach erosion.  Artificial offshore reefs also protect beaches.  While that would cost the public money and result in  its own environmental effects it would result in an effect that everyone bears the cost of the erosion in a more even handed way.

Ken Church

Hakalau, Hawai’i

Related: Oceanfront Property Tied to Obama Granted Exemption From Hawaii’s Environmental Laws


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute


Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii


Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii


National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii


Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns


West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii