Hawaii House Bill HCR11

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 Waialae-iki, Honolulu, Oahu, For The Existing Revetment, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

The adoption of HCR11 addresses the longstanding issue of encroachment on state submerged lands, pertaining particularly to the seawall revetment at Waialae-Iki. It emphasizes the importance of definitive legal frameworks for property rights in coastal areas, mitigating risks associated with sea level rise and coastal erosion. The resolution stipulates that fair market value for the easement will be determined based on an independent appraisal, highlighting a careful balance between public trust and private property interests. This could serve as a precedent for future easement requests and related coastal management strategies in Hawaii.

Summary

HCR11 is a House Concurrent Resolution authorizing the issuance of a term, non-exclusive easement concerning a portion of state submerged lands at Waialae-Iki, Honolulu, Oahu. This resolution permits the use, repair, and maintenance of an existing revetment that has encroached upon state lands. Initially approved for construction in the 1960s, the revetment was intended for erosion protection but faced unresolved encroachment issues over the years. The resolution aims to formalize the approval of a 25-year non-exclusive easement to regulate and authorize the use of these submerged lands for the existing structure.

Sentiment

The sentiment surrounding HCR11 appears to be generally supportive, especially from the Board of Land and Natural Resources and other stakeholders who recognize the necessity of resolving historical encroachments and preparing for contemporary challenges associated with climate change. While there are advocates for protective measures related to coastal management, the consensus seems to lean toward facilitating property owners' rights within the regulatory framework established by the state.

Contention

Notable points of contention primarily revolve around the implications of granting easements on submerged lands. Critics may raise concerns regarding environmental impacts and the long-term sustainability of approving private use of public trust resources. Additionally, there are discussions about how this practice aligns with strategic coastal management in light of climate projections indicating increased flooding risks. The resolution positions itself in a complex legal and environmental landscape, balancing individual property concerns with broader community and environmental needs.