Hawaii House Bill HCR10

Hawaii 2024 Regular Session

• Introduced: 1/24/24
• Refer: 3/8/24
• Report Pass: 3/27/24
• Report Pass: 4/4/24
• Refer: 3/27/24
• Refer: 4/5/24
• Engrossed: 4/4/24
• Refer: 4/15/24
• Report Pass: 4/18/24
• Passed: 4/19/24

Caption

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.

Impact

The resolution indicates that the easement will have a term not exceeding 25 years, facilitating continued use and repair of the existing structures tied to the property owner. It also underscores the necessity for such easements to be evaluated against the broader context of land use, especially considering the implications of climate change and coastal inundation. The issuance of this easement aligns with section 171-53 of the Hawaii Revised Statutes, which requires legislative approval to lease state submerged lands. This raises an essential discussion on the prudent use of public trust resources versus private interests in coastal areas.

Summary

HCR10 is a House Concurrent Resolution from the State of Hawaii proposing the authorization of a non-exclusive easement covering a portion of state submerged lands at Kaneohe. This easement is specifically related to an existing boat ramp and concrete wall that were found to encroach upon these submerged lands. The boat ramp and wall had been constructed seaward of the property boundary without prior authorization, involving ongoing coordination between the property owner and the Department of Land and Natural Resources to address the issue. This resolution seeks to formalize the use of the submerged land for the boat ramp's maintenance, recognizing its historical significance since at least 1967.

Sentiment

Overall, the sentiment surrounding HCR10 appears to be supportive among the legislative body, with a vote passing unamended in the Senate Committee on Water and Land. The resolution reflects the balance between allowing private property rights and maintaining public access and environmental integrity of Hawaii's coastal resources. Nonetheless, it also highlights concerns regarding the management of state submerged lands amid increasing impacts from sea-level rise and the importance of carefully planned coastal development.

Contention

While the bill seems to have garnered consensus for its immediate objectives, it also opens discussions on the broader implications of leasing submerged lands to private entities. Opponents of similar measures in other contexts might raise concerns about long-term sustainability, potential environmental degradation, and the implications for public access to coastal areas. The resolution's passage may serve as a precedent for future easement requests, requiring a careful examination of similar cases, particularly in light of anticipated environmental challenges like coastal flooding and erosion.