Wednesday, August 19, 2020

Obama and the Beach House Loopholes

[ed. Magnum P.I.'s old property. Obama P.I.? Just doesn't have the same ring to it.]

As Barack Obama entered the home stretch of his presidency, his close friend Marty Nesbitt was scouting an oceanfront property on Oahu, the Hawaiian island where the two regularly vacationed together with their families.

A home in the nearby neighborhood of Kailua had served as the winter White House for the Obama family every Christmas, and photographers often captured shots of Obama and Nesbitt strolling on the beach or golfing over the holidays.

The prospective property was located just down the shore in the Native Hawaiian community of Waimanalo. Wedged between the Koʻolau mountains that jut 1,300 feet into the sky and a stunning turquoise ocean, the beachfront estate sprawled across 3 acres, featuring a five-bedroom manse, gatehouse, boat house and tennis courts. Fronting the property was a historic turtle pond that used to feed Hawaiian chiefs. Local families took their children to splash and swim in its calm waters.

The property had one major problem though: a century-old seawall. While the concrete structure had long protected the estate from the sea, it now stood at odds with modern laws designed to preserve Hawaii’s natural coastlines. Scientists and environmental experts say seawalls are the primary cause of beach loss throughout the state. Such structures interrupt the natural flow of the ocean, preventing beaches from migrating inland.

But the sellers of the Waimanalo property found a way to ensure the seawall remained in place for another generation. They asked state officials for something called an easement, a real estate tool that allows private property owners to essentially lease the public land that sits under the seawall. The cost: a one-time payment of $61,400. Officials with the state Department of Land and Natural Resources approved the permit, which authorized the wall for another 55 years, and Nesbitt purchased the property.

State officials and community members say the Obamas will be among the future occupants.

The easement paved the way for building permits and allowed developers to exploit other loopholes built into Hawaii’s coastal planning system. Nesbitt went on to win another environmental exemption from local officials and is currently pursuing a third — to expand the seawall. According to building permits, the Obamas’ so-called First Friend is redeveloping the land into a sprawling estate that will include three new single-family homes, two pools and a guard post. The beach fronting the seawall is nearly gone, erased completely at high tide.

Community members are now rallying against the proposed seawall expansion. Some are directing their criticism at Obama, who staked his legacy, in part, on fighting climate change and promoting environmental sustainability.

Obama’s personal office declined to comment, referring inquiries to Nesbitt. And Nesbitt, who declined to be interviewed, would not directly address questions about ownership, only saying that he and his wife bought the land and were “the developers” of the estate.

In written responses to questions, Nesbitt, now chair of the Obama Foundation board and co-CEO of a Chicago-based private-equity firm, said the steps he’s taken to redevelop the property and expand the seawall are “consistent with and informed by the analysis of our consultants, and the laws, regulations and perspectives of the State of Hawaii.” Any damage the structure caused to the Waimanalo beach, he added, occurred decades ago “and is no longer relevant.”

In Hawaii, beaches are a public trust, and the state is constitutionally obligated to preserve and protect them. But across the islands, officials have routinely favored landowners over shorelines, granting exemptions from environmental laws as the state loses its beaches. (...)

Intended to protect homeowners’ existing properties, easements have also helped fuel building along portions of Hawaii’s most treasured coastlines, such as Lanikai on Oahu and west side beaches on Maui. Scores of property owners have renovated homes and condos on the coast while investors have redeveloped waterfront lots into luxury estates. Meanwhile, the seawalls protecting these properties have diminished the shorelines. With nowhere to go, beaches effectively drown as sea levels rise against the walls and waves claw away the sand fronting them, moving it out to sea.

Researchers estimate that roughly a quarter of the beaches on Oahu, Maui and Kauai have already been lost or substantially narrowed because of seawalls over the past century. That has left less coastal habitat for endangered monk seals to haul up and rest and sea turtles to lay eggs. By midcentury, experts predict, the state will be down to just a handful of healthy beaches as climate change causes sea levels to rise at unprecedented rates. (...)

Beaches and open coastlines have always been central to Hawaii’s way of life. For centuries, Native Hawaiians enjoyed access to the ocean’s life-sustaining resources. Natural sand dunes provided protection against strong storms and served as a place for Native Hawaiians to bury their loved ones.

After Hawaii became a state in 1959, development of homes and hotels along the coastlines exploded as investors sought to capitalize on what was becoming some of the most valuable real estate in the country. An environmental review commissioned by the state in the 1970s found that three-quarters of the state’s sandy coastlines were now hugged by private property, curtailing public access to shorelines. Many property owners erected seawalls to try to hold back the ocean.

By the 1990s, scientists were warning that those seawalls were causing significant beach loss on all the Hawaiian islands.

Alarmed by these losses, state officials in 1997 released a roadmap for protecting the state’s beaches. The report emphasized that the seawalls were destroying coastal ecosystems, threatening the state’s tourist-driven economy and limiting the public’s access to beaches and the ocean, a right enshrined in the Hawaii Constitution.

If beaches continue to disappear throughout the state, the report warned, “the fabric of life in Hawaii will change and the daily miracle of living among these islands will lose its luster.”

by Sophie Cocke, ProPublica/Honolulu Star Advertiser | Read more:
Image: Darryl Oumi, special to Honolulu Star-Advertiser
[ed. How many houses do the Obama's own? Let's see, there's that one in Washington D.C., the recent one in Martha's Vineyard, and wasn't there one in Chicago? I can't keep track. Being ex-president can be a pretty lucrative gig if you protect the status quo.]