Hawaii House Bill HCR12

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 Concrete Boat Ramp, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

If approved, HCR12 will impact state laws regarding the leasing of submerged lands. Under Hawaii Revised Statutes section 171-53, the issuance of such easements requires confirmation from both the Governor and the Legislature. The authorization of this easement for a term not exceeding twenty-five years reflects a balance between private property rights and the state’s responsibility to manage environmental resources and public trust considerations. It also illustrates the state's approach towards managing existing non-conforming structures in coastal environments under increasing pressures from climate change and rising sea levels.

Summary

House Concurrent Resolution HCR12 seeks to authorize a term, non-exclusive easement for a portion of state submerged lands located in Kaneohe, Koolaupoko, Oahu. This resolution addresses an existing concrete boat ramp that has encroached on state lands, stemming from a discovered violation during a shoreline management permit enforcement action. The property owners, who purchased the adjoining residential property in 2021, were alerted to the encroachment of their boat ramp onto state land. The resolution's aim is to legally permit the continued use, repair, and maintenance of this structure, acknowledging its historical presence in the area.

Sentiment

The general sentiment around HCR12 appears to be supportive among property owners who benefit from clarified access to the boat ramp, especially given its long-standing utility. However, it may also face scrutiny from environmental and coastal management advocates concerned with the implications of extending easements over submerged lands, which may set precedents for future encroachments. The protection of public shoreline access vs. the rights of private property holders continues to be a focal point in the discussions surrounding this resolution.

Contention

Notable points of contention include the implications of granting a non-exclusive easement in light of potential future environmental challenges, like coastal flooding due to sea-level rise. There is concern that permitting such easements without stringent conditions may encourage further encroachments, undermining public trust in coastal and marine governance. Furthermore, there are questions regarding the fairness of terms set for property owners, such as the requirement for rental fees, liability insurance, and a removal bond—factors which could lead to debates around equitable enforcement of state land-use policies.