Hiking Haleakala

David Brown of Public Access Trails Hawaii hopes the "awesome" views of the West Maui Mountains and the islands of Lanai and Molokai from the historic Haleakala Trail will be available to hikers by the end of the year.

However, the state is saying it could take longer, despite a tentative settlement of a class-action lawsuit to open the trail to the public for unguided hikes.

The state Department of Land and Natural Resources said the trail needs to be constructed and maintained to state standards beforeits unguided public use can be considered.

PATH sued the state and Haleakala Ranch to reopen the trail, a popular access route for hikers and horseback riders until the mid-1930s.

The 3.3-mile trail is at the mauka end of Piiholo Road and crosses the boundary of the Kalialinui ahupuaa, owned by Haleakala Ranch, before continuing through land that is part of Haleakala National Park.

The lawsuit said the trail was most likely used by Mark Twain in 1866 on his visit to Haleakala Crater.

A jury determined that the trail belongs to the state, and a settlement was recently reached with Haleakala Ranch, pending final approval.

Department spokeswoman Deborah Ward said significant planning, design, construction and environmental review needs to take place and there are no funds in the Division of Forestry and Wildlife for work to open the trail at this time.

"The division does not currently have funding and a timeline to complete that work," Ward said.

Use of Haleakala Trail dropped off after an alternate route was developed to allow vehicular access to the mountain top in 1935.

By early 2000, the ranch was claiming ownership and denying access to Haleakala Trail, according to PATH.

PATH in January 2011 sued Haleakala Ranch for closing the public path and the state for failing to assert its ownership.

The ranch argued that the trail was not public as defined under the Highways Act of 1892 or state statutes and that any public rights to the trail had been extinguished.

The ranch said there also was no customary or traditional right to use Haleakala Trail.

The state in the spring of 2013 joined PATH in the lawsuit, and PATH agreed to dismiss the state as a defendant.

A Maui Circuit Court jury in April 2014 determined that Haleakala Trail is a public trail owned by the state under the Highways Act of 1892.

PATH officials have invited class-action members including hikers to comment on a tentative settlement by June 17, 2015. The settlement with Haleakala Ranch, scheduled to be signed on June 24, includes an agreement that the ranch will not appeal the jury’s decision.

Haleakala Ranch has declined to comment on the settlement.

Brown said the state still needs to work out details with PATH for opening Haleakala Trail.

The current guided hike starts at the 6,000-foot level at the edge of Haleakala National Park, then descends for 3.3 miles to the top of Olinda Road at the 4,000-foot level.

At the top, the portion of Haleakala Trail that has been in dispute winds through rocky subalpine scrubland, then through pastures owned by Haleakala Ranch.

Research conducted by PATH consultants showed Haleakala Trail was a successor to a portion of a trail used by islanders before the Great Mahele of 1848 as a way to walk to Kaupo. The current alignment was approved by the Territory of Hawaii in 1905.

Attorney Tom Pierce, representing PATH, said the lawsuit was filed to protect the use of state trails as a public trust asset.

He said in the Olinda area, there are not many trails for hikers.

"If they are not delineated and protected, they will be lost, " Pierce said.

"We hope this will turn the page and help the state to take up a more active approach about confirming ownership of ancient or historic trails."

Ward said limited use of the trail is currently provided through a sign-up system for guided hikes.

But Pierce said the guided hikes in essence deny access by limiting them to once a month and allowing the ranch to set up the dates for hikes.

"It’s a system that discourages hikers, rather than encouraging hikers," Pierce said.

The sign-up for guided hikes is at bit.ly/1LHsCEF.