County of Hawaii v. Sotomura

517 P.2d 57, 55 Haw. 176, 1973 Haw. LEXIS 160
CourtHawaii Supreme Court
DecidedDecember 11, 1973
DocketNO. 5281
StatusPublished
Cited by45 cases

This text of 517 P.2d 57 (County of Hawaii v. Sotomura) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Hawaii v. Sotomura, 517 P.2d 57, 55 Haw. 176, 1973 Haw. LEXIS 160 (haw 1973).

Opinions

[177]*177OPINION OF THE COURT BY

RICHARDSON, C.J.

This case arises as an appeal from eminent domain proceedings initiated by plaintiff-appellee County of Hawaii on July 7, 1970, in the acquisition of a park site at the Kalapana Black Sand Beach, a unique tourist attraction and surfing spot on the Island of Hawaii. Defendants-appellants contest the trial court’s valuation of the subject property. At issue are the court’s location of the seaward boundary of the subject property and the method of valuation.

The subject property, described by the County as “Lot 3, Land Court Application 1814,” is a portion of a 62 acre parcel divided by defendants’ predecessors in title into three lots. Lot 1 of Land Court Application 1814 is a 56 acre parcel mauka (inland) of the Puna Coast Road; Lot 2 is the Puna Coast Road running through the property, and Lot 3 is a long, narrow parcel of land bordered on one side by the Puna Coast Road and on the other by the sea. The seaward (makai) [178]*178boundary of Lot 3 is described in the application as:

... to a A cut in pahoehoe at high water mark at seashore;
Thence following along the seashore in all its windings along high water mark, the direct azimuths and distances between points at high water mark for the next four courses being:
12. 338° 50' 30" 538.24 feet to a spike;
13. 25° 17' 411.24 feet to a spike;
14. 56° 05' 610.84 feet to a spike;
15 60° 44' 340.38 feet to the point of beginning [a pipe] and containing an area of 5.314 acres (emphasis added).

Defendants first argue that the location of the seaward boundary as previously determined by the land court is conclusive; hence the trial court erred in finding that the boundary had moved further mauka due to erosion, and in dividing the property accordingly for purposes of valuation. Second, defendants contend that a valuation based on highest and best use should include consideration of the conjunctive use of the subject property with Lot 1, an adjacent parcel under common ownership.

We reverse and remand for further proceedings in accordance with instructions set forth herein.

Defendants-appellants contend that the seaward boundary of Lot 3 is presumed to be at the same location today as it was when the property was registered in the land court in 1962. They argue that because land court proceedings are res judicata and conclusive against all persons as to the boundary determination, the certificate of registration shall be conclusive evidence of the location of the seaward boundary.1

[179]*179The surveyor, who had prepared the survey for defendants' predecessors’ application in 1959, testified at the jury-waived trial that he had located the high water mark along the limu line.2

The county disputed the location of the high water mark and the seaward boundary of Lot 3, arguing that erosion3 to the subject parcel had occurred since the land court had approved the survey. In 1969, prior to the initiation of this eminent domain proceeding, the county surveyor prepared a survey in which he located the seaward boundary pursuant to the decision of this court in In re Application of Ashford, 50 Haw. 314, 315, 440 P.2d 76, 77 (1968), that the seaward boundary between private upland and public beach is “along the upper reaches of the wash of waves, usually evidenced by the edge of vegetation or the line of debris . ...” At trial, the county surveyor testified that to locate the boundary, he determined the upper reaches of the wash of waves to be along the debris line,4 which was further mauka than the limu line.

[180]*180Court was convened at the subject property on November 8, 1971, for the purpose of inspecting the limu line, the vegetation line, and the debris line. Following this inspection, the court found that Lot 3 had eroded so that the seaward boundary was now further inland than the high water mark shown on the land court application. Agreeing with the county surveyor, the court applied the Ashford definition to locate the new boundary along the debris line.5 Before we reach the question of whether the trial court properly located the seaward boundary, we must first determine whether the court properly considered and found erosion.

II

Although Rule 26, Rules of the Land Court provides for registration of title to accretion to previously registered land, neither HRS Chap. 501 Land Court Registration nor the Rules of the Land Court provide for registration of a change in the location of a seaward boundary which has been altered by erosion. We cannot assume that the silence of the statute or the rules is an expression of intent to foreclose the state or county from challenging the title to newly-eroded tidelands.

We hold that registered ocean front property is subject to the same burdens and incidents as unregistered land, including erosion. HRS § 501-81. Thus the determination of the land court that the seaward boundary of Lot 3 is to be located along high water mark remains conclusive; however, the precise location of the high water mark on the ground is subject to change and may always be altered by erosion.

[181]*181This court recently rejected the position that the state cannot subsequently challenge title to registered land where the state later discovered that the seaward boundary was located further mauka than shown on the maps, and a portion of the property had become submerged by erosion. In In re Application of Castle, 54 Haw. 276, 277, 506 P.2d 1, 3 (1973), we permitted the state to dispute the location of a boundary similarly described as “at high water mark” on the map accompanying a certificate of title, because a recent survey prepared by the state showed that “the present seashore boundary of these lots are further mauka (inland) than the high water mark shown on this map.”

Our holding in Castle permits a court to determine questions of erosion in whatever form they arise. The trial court in the instant case could have suggested that the boundary issue be litigated in the land court before deciding the issue of valuation. See Re Land Title, State of Hawaii, 49 Haw. 537, 544, 425 P.2d 83, 88, rehearing denied, 49 Haw. 575, 425 P.2d 83, 102 (1967). The trial court was under no compulsion to do so, however. We hold that the questions of erosion and boundary location were properly before the trial court and now are properly before this court for review.

The finding that erosion had occurred is a finding of fact that should not be “set aside unless clearly erroneous.”6 H.R.C.P., Rule 52(a). Low v.

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Bluebook (online)
517 P.2d 57, 55 Haw. 176, 1973 Haw. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-hawaii-v-sotomura-haw-1973.