[Arthalion]

I stayed at a hotel in Hana, Maui that seemed to act as if a beautiful local beach was their property. While we were on the beach they had someone coming around to check that we were registered at the hotel. Apparently the hotel does own all the land surrounding the beach.

That's usually what happens. A hotel or private owner cannot legally buy the beach, but they can buy all of the land used to access it, effectively cutting it off from public access. Unless you can point to a boat, parachute, or some other means of access other than land to explain your presence, they'll nail you for trespassing. Even if they can't get the police to arrest you while you're actually on the beach, they'll watch you like a hawk and detain you when crossing their property to leave.

Also, most hotels place loungers and other items on the beaches for their customers to use. No matter HOW you got onto the beach, you cannot use those items if you're not a guest. If they see you lounging on one of their chairs, they may ask to see proof that you're registered with the hotel. If you're not registered, they can have you arrested for theft of services (usually they'll just ask you to leave, and reserve arrest for the belligerent).

California has a law declaring the beaches public property, and requires landowners surrounding those beaches to provide some sort of public access to those beaches. Most landowners comply willingly, but the few that fight it usually have a public easement taken against their property to permit it anyway. The logic is that you can't use your private property rights to block public access to public property. Hawaii apparently doesn't have a law like this.

[wideminded]

I imagine that there must be some legal definition of what land constitutes the beach, perhaps a distance above the high tide point. In this case, besides the loungers, the hotel also had some permanent structures on the upper reaches of the beach.

[Lorianne]

But, you can spread your towel on the sand beside the chairs and sit on the beach and there is nothing they can do. I’ve done it.