Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kaneohe, Koolaupoko, Oahu, For The Existing Boat Ramp And Concrete Wall, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.
The bill stipulates that the grantee will be required to pay the state fair market value for the easement, which is to be appraised independently. This financial arrangement aims to ensure that the state receives proper compensation for the use of its submerged lands, thereby affirming state sovereignty over critical coastal resources. Furthermore, SCR83 outlines that the issuance of the easement will not only resolve the encroachment issue but also will run with the land, potentially benefiting future owners of the adjacent property.
Senate Concurrent Resolution 83 (SCR83) seeks to authorize a non-exclusive easement for a portion of state submerged lands located at Kaneohe, Koolaupoko, Oahu. The resolution specifically refers to an existing boat ramp and concrete wall that encroach upon state submerged lands, a situation which was brought to attention in March 2022. Following discussions between the Department of Land and Natural Resources (DLNR) and the property owner, James Michael Elhoff, it was determined that a 25-year non-exclusive easement would resolve these encroachments and facilitate the ongoing maintenance of the improvements on the site.
Contention surrounding SCR83 primarily revolves around the principles of land use, rights to submerged lands, and state authority over resource management. Critics may express concerns that such easements could lead to further encroachments in coastal areas unless properly regulated. Proponents argue that the resolution is a necessary step in formalizing existing uses of the land, ensuring that both the property owner’s interests and public land stewardship are balanced effectively. As with many land use bills, dialogue about environmental impacts and community rights periodically surfaces during discussions.