Hawaii Senate Bill SCR154

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23
• Report Pass: 4/4/23
• Engrossed: 4/5/23
• Refer: 4/11/23

Caption

Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Waikiki, Honolulu, Oahu, For The Existing Seawall Footing, Seawall Walkway, And Swim-step Ladder, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

SCR154 will formalize the presence of existing structures that are currently on state submerged lands, resolving any potential legal issues surrounding their encroachment. The legislation mandates that Elks Honolulu pay the fair market value of the easement, which will be determined through an independent appraisal. This ensures that the state receives compensation for the use of its land while also granting Elks Honolulu the legal authority to maintain and use the seawall and adjoining structures for public benefit.

Summary

Senate Concurrent Resolution 154 (SCR154) proposes the issuance of a term, non-exclusive easement over a portion of state submerged lands located in Waikiki, Honolulu, Oahu. This easement will cover the existing seawall footing, seawall walkway, and swim-step ladder that provide public access to the ocean. The resolution is particularly focused on improving and maintaining these existing structures which encroach upon state lands. With approval, the Benevolent and Protective Order of Elks Honolulu Lodge No. 616 (Elks Honolulu) will be responsible for the maintenance and repair of these facilities.

Contention

Notable points of contention surrounding SCR154 may arise from potential concerns about public access, environmental impact, and the responsibilities placed on the Elks Honolulu as the grantee of the easement. While proponents may argue that the resolution enhances public access to the ocean and improves safety, critics could highlight the risks of escalating maintenance costs and the necessity of ensuring that such easements do not interfere with the natural environment or limit access for other community stakeholders.