Hawaii Real Estate State Practice Exam

What ruling allows complete strangers to enter someone's land without permission for specific purposes?

1. PASH ruling

2. Endangered Species Act

3. Right of Eminent Domain

4. Open Space Preservation Act

The correct answer is: PASH ruling

The PASH ruling, which stands for "Public Access Shoreline Hawaii," is significant in the context of land access in Hawaii. This ruling allows the public the right to access certain coastal areas for recreation, such as fishing, swimming, and enjoying the beach. It establishes that, despite property boundaries, the public may enter and use portions of private land that are adjacent to the shoreline for specific purposes tied to the traditional and customary rights of the local community, particularly for Native Hawaiian practices. This ruling is rooted in the recognition of the community's historical and cultural connections to the land, leading to a framework that balances private property rights with public interest in accessing coastal resources. The scope of this access is not arbitrary; it is regulated to ensure that it serves specific purposes related to public enjoyment and cultural practices. The other options listed do not pertain to granting access to land by strangers in the same way. The Endangered Species Act focuses on the protection of endangered species and their habitats, the Right of Eminent Domain relates to the government's ability to take private property for public use after compensation, and the Open Space Preservation Act aims at conserving land for public use or environmental protection but does not inherently provide access rights to strangers.