Hawaii House Bill HCR13

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 Hauula, Koolauloa, Oahu, For The Existing Riprap Revetment, Ramp, And Rock Groin, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

The resolution's approval will allow the Board of Land and Natural Resources to issue a non-exclusive easement for up to 25 years, addressing the legal encroachments of the structures and supporting the ongoing coastal management efforts in the area. By allowing this easement, the state acknowledges the historical presence of these structures and provides a legal framework for their maintenance, thus preventing potential future conflicts regarding land use and ownership.

Summary

HCR13 is a House Concurrent Resolution authorizing the issuance of a term, non-exclusive easement for a portion of state submerged lands in Hauula, Koolauloa, Oahu. This easement pertains to existing structures, specifically a riprap revetment, ramp, and rock groin that currently encroach on state submerged lands. The resolution seeks to address a historical issue regarding these structures, which have been in place since as early as 1947, to facilitate their continued use, repair, and maintenance while ensuring compliance with state laws governing submerged lands.

Sentiment

The sentiment around HCR13 seems to be generally supportive among those recognizing the historical context and the need for proper coastal management. Maintaining such structures is crucial for protecting properties along the coast from erosion and flooding. However, there may be concerns about the long-term implications of allowing easements on submerged lands, particularly in relation to environmental policies and the public trust doctrine.

Contention

There may be contention surrounding the issuance of easements on public lands, particularly given the increasing rates of sea-level rise and coastal erosion. Critics might argue that providing non-exclusive easements could set a precedent for future encroachments, potentially undermining the state's ability to manage coastal areas effectively. The debate around this resolution could challenge existing policies regarding the use of public waters and lands, emphasizing the need to balance private interests with public trust responsibilities.