Had the legal definition been strictly applied, the legally defensible edge of he condominium association's land probably would have been staked some 10 to 20 feet inland of the makai edge of the tires. As a result, the moment the deadline for appeal expired without action, the real estate belonging to the Sugar Cove owners' association rushed seaward some 10,000 to 15,000 square feet. Perhaps the condominium owners believed they were simply reclaiming what they had lost over the years. Since 1972, after all, the shoreline had moved inland 40 or more feet. Planting the surveyor's stakes just shy of the high-water line on the day of the survey may have been regarded by the owners as an exercise of their legitimate property rights.
State law holds otherwise.
Property whose seaward boundary is defined by the shoreline can take legal action to claim ownership of land that has accreted naturally. But, except in cases of extreme storm events where landowners seek to restore their property within one year of loss, the law provides no means for reclaiming eroded shoreline property. The process by which shorelines are certified allows for public comment and challenge. Then copies of the map and supporting photographs are forwarded to the state Department of Land and Natural Resources, where application is made for shoreline certification. The DLNR's Division of Land Management handles the applications.