Hawaii Senate Bill SCR3

Hawaii 2022 Regular Session

• Introduced: 1/26/22
• Refer: 1/26/22
• Report Pass: 3/17/22
• Refer: 3/17/22
• Report Pass: 3/28/22
• Engrossed: 3/29/22
• Refer: 3/30/22

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

The passage of SCR3 is significant in terms of state land use policy, as it establishes formal authorization for the Board of Land and Natural Resources to amend existing easement agreements to accommodate changes in land use. This will effectively resolve the encroachment issue and ensure the continued use and maintenance of coastal infrastructure, such as the seawall, which may play a critical role in shoreline protection and local property defense against erosion.

Summary

Senate Concurrent Resolution 3 (SCR3) 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, specifically for an existing seawall and for the use, repair, and maintenance of existing improvements constructed thereon. This concurrent resolution follows a history of easement usage dating back to 2002 when rights to the seawall and associated lands were granted, but subsequently showed encroachment onto state submerged lands as identified in a 2007 shoreline survey.

Sentiment

The general sentiment surrounding SCR3 appears to be supportive among stakeholders who emphasize the importance of maintaining coastal infrastructure. The resolution passed unanimously in committee, indicating a lack of significant opposition during legislative discussions. This suggests a collaborative approach toward the management of coastal assets, balancing public land use with the needs of private landowners.

Contention

While there do not seem to be highly contentious aspects in the recent discussions around SCR3, the recurring theme in similar legislative contexts brings up concerns about the management and regulation of state coastal lands. Ensuring that amendments to easements do not set precedents for overreach or neglect of public interests in these lands is a point that may require oversight and careful consideration moving forward. Overall, the resolution does not appear to face opposition, but ongoing monitoring of coastal management practices will be essential.