In re Ashford
Hawaii Supreme Court
440 P.2d 76 (1968)
- Written by Liz Nakamura, JD
Facts
In the mid-1800s, as part of Hawaii’s land reform, King Kamehameha V deeded certain land to commoners by royal patent. The seaward boundary between private land and public beaches was determined based on tradition, practice, usage, and custom. Accordingly, the boundary between private land and public beaches was set according to the highest reach of high-tide waves, which was determined by the location of the line of sea-debris and the start of vegetation. Local experts, known as kamaaina, helped the King’s government determine the boundary lines, and kamaaina witnesses often provided determinative testimony in subsequent boundary disputes. Although there was an existing, contemporary United States Coast and Geodetic Survey (USCGS) report about the average height of the high-water line on Hawaiian beaches, that data was not used to determine the seaward boundary of the Hawaiian private lands conveyed under the royal patents. Clinton and Joan Ashford (plaintiffs) filed a petition in land court to register title to coastal land originally deeded under royal patent. The Ashfords argued that the seaward boundary of their land should be determined based on the mean-high-water mark reported by the USCGS. The USCGS calculated the mean-high-water mark by intersecting the horizontal plane of the average height of high-tide with the shoreline. The State of Hawaii (defendant) challenged, arguing that (1) the high-water mark was the appropriate boundary; and (2) in accordance with Hawaiian tradition, the high-water mark should be determined based on the line of debris left by the wash of ordinary high-tide waves. At trial, Hawaii presented kamaaina witness testimony to establish the debris line. The trial court ruled in favor of the Ashfords and held that the seaward boundary of the Ashfords’ land should be determined based on the mean-high-water mark. Hawaii appealed.
Rule of Law
Issue
Holding and Reasoning (Richardson, C.J.)
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