Hawaii House Bill HCR4

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 Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kahaluu, Koolaupoko, Oahu, For The Existing Seawall, Steps, And Filled Land, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

The resolution aims to officially rectify the encroachment issue by allowing the Board of Land and Natural Resources to issue a 25-year non-exclusive easement. This legal framework not only provides a means for the current property owner but also ensures that existing structures are acknowledged within legal boundaries, allowing for their maintenance and use without the concern of legal disputes regarding submerged lands. The transaction is also founded upon an established fair market value, underscoring a commitment to valuing public assets properly.

Summary

HCR4 is a House Concurrent Resolution from the Thirty-first Legislature of Hawaii, which authorizes the issuance of a non-exclusive easement covering a portion of state submerged lands at Kahaluu, Koolaupoko, Oahu. This easement pertains to existing structures including a seawall, steps, and filled land that had been placed on state submerged lands due to earlier encroachments. The resolution outlines the historical context of the property, noting significant ownership transitions and surveys that revealed the encroachment of these structures onto state lands.

Contention

There is an underlying complexity surrounding state submerged lands and the public's interest in these areas. While this resolution facilitates the existing structures’ legal standing, it may raise broader questions regarding future development and conservation of coastal resources. The ease of acquiring such easements could potentially set a precedent that impacts land use in sensitive coastal regions, which requires careful consideration of ecological and community impacts in legislative discussions.