Hawaii Senate Bill SR182

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23

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

The measure seeks to formalize the prior use of state lands by the Benevolent and Protective Order of Elks Honolulu Lodge No. 616, ensuring they are legally able to maintain the seawall and associated facilities. These structures play a crucial role in providing safe public access to the ocean, and the easement process includes provisions for fair market compensation to the state, reflecting a recognition of state land value. By establishing this easement, the state can ensure better oversight and management of submerged lands.

Summary

Senate Resolution 182 (SR182) authorizes a term, non-exclusive easement for a portion of state submerged lands in Waikiki, Honolulu, Oahu. This easement is specifically for the existing seawall footing, seawall walkway, and swim-step ladder that provide ocean access. The resolution formally recognizes an approximate area of 278 square feet of encroachment that exceeds previously authorized dimensions and is intended to facilitate ongoing use, repair, and maintenance of these improvements.

Contention

While the resolution primarily involves administrative authorization, potential contention may arise from concerns about environmental impacts and public access rights. Stakeholders could challenge the scale of encroachment or the implications of privatizing parts of public land. Moreover, the necessity for an independent appraisal to determine fair market value could invoke discussions on transparency and equity regarding public resources.

Summary_conclusion

In summary, SR182 aims to clarify the legal standing of existing structures on state submerged lands, ensuring public safety and continued access to oceanic areas. However, it also necessitates careful consideration of environmental sustainability and involves various stakeholders who may have differing views on the appropriation and use of state lands.