Hawaii House Bill HCR3

Hawaii 2022 Regular Session

• Introduced: 1/24/22
• Refer: 1/28/22
• Report Pass: 3/15/22
• Refer: 3/15/22
• Report Pass: 4/7/22
• Engrossed: 4/7/22
• Refer: 4/12/22
• Report Pass: 4/20/22
• Refer: 4/20/22
• Passed: 4/25/22

Caption

Authorizing The Addition Of A Portion Of State Submerged Lands To A Term, Non-exclusive Easement Covering A Portion Of State Reclaimed Lands At Wailupe, Honolulu, Oahu, For The Existing Seawall, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

This bill has significant implications for state laws regarding land use and property rights, particularly in coastal areas. It not only addresses the specific situation concerning the seawall at Wailupe but also sets a precedent for managing submerged lands and easements within the state. By providing a clear legislative pathway for the Board of Land and Natural Resources to amend existing easement agreements, HCR3 helps streamline and clarify procedures associated with coastal land management and infrastructure maintenance.

Summary

HCR3 is a House Concurrent Resolution from the State of Hawaii that authorizes the addition of a portion of state submerged lands to a term, non-exclusive easement covering a portion of state reclaimed lands at Wailupe, Honolulu, Oahu. It relates to the existing seawall and provides for the maintenance, use, and repair of the improvements constructed on this property. This resolution is rooted in historical context, tracing back to a 2002 easement agreement that allowed the construction and maintenance of the seawall, which later needed adjustment due to encroachments on state submerged lands identified by a shoreline survey in 2007.

Sentiment

The sentiment surrounding HCR3 appears largely supportive, as indicated by the lack of opposition noted in discussion transcripts and its successful passage through the legislative process with a vote of 5-0 in favor in the Senate Water and Land Committee. The resolution is viewed as a necessary step to ensure proper maintenance of critical coastal infrastructure and to formalize easements that have historical precedence. This sentiment reflects a broader recognition of the importance of coastal infrastructure and responsible land management in Hawaii.

Contention

Throughout discussions, there were no notable points of contention reported regarding HCR3. The passage of the resolution highlights a cooperative approach among stakeholders, including the Department of Land and Natural Resources and the grantees involved in the original easement. Given the demonstrated historical context and agreement by relevant authorities, it appears the resolution moved through the legislative process without significant controversy, emphasizing the collaborative nature of coastal land management activities in Hawaii.