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Real property

public easement

A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.

In Hawaii, a public easement typically refers to a type of right-of-way granted to the public over private land, allowing for access and use of that land for specific purposes such as transit, recreation, or utility services. Public easements are often established for streets, sidewalks, parks, and beaches to ensure that these areas are accessible to all individuals. The creation of public easements can occur through dedication by a property owner, prescription, implication, or by government authority through eminent domain. Hawaii's state statutes and case law govern the establishment, scope, and regulation of public easements. The public's right to access beaches is particularly well-protected in Hawaii, as the state constitution guarantees the right of the public to access and use the beaches up to the upper reaches of the wash of the waves (Hawaii Revised Statutes §115-5). Additionally, the state has a history of protecting public transit routes and public access to inland recreational areas through easements.

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Real property

public easement

Individual & Family Legal Plan

Articles

Hawaii State Code

Real property

public easement

Articles

Hawaii State Code