Hawaii House Bill HCR14

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 Maalaea Beach Lots, Waikapu, Wailuku, Maui, For The Existing Seawall, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

This bill is poised to impact local statutes regarding land use and coastal management significantly. By authorizing a non-exclusive easement, it legitimizes the status of the existing seawall and resolves legal uncertainties regarding its placement on public property. The term of the easement is set to no more than twenty-five years, with considerations made for future sea-level rise and environmental concerns. Importantly, this act will also necessitate adherence to the public trust doctrine, as it manages state resources in relation to community interests, particularly in light of changing environmental conditions.

Summary

HCR14 is a House Concurrent Resolution of the Thirty-second Legislature of Hawaii, which authorizes the issuance of a term, non-exclusive easement for a portion of state submerged lands located at Maalaea Beach Lots, Waikapu, Wailuku, Maui. This easement pertains to an existing seawall that has been constructed on state submerged lands and allows for its use, repair, and maintenance. The resolution is significant as it addresses historical land use concerns, particularly involving structures that may not conform to current regulations. It aims to provide a legal framework for the ongoing management of coastal properties after years of existing encroachments.

Sentiment

The sentiment surrounding HCR14 is generally supportive, reflecting a recognition among lawmakers of the need for effective management of Hawaii’s coastal zones, especially in light of rising sea levels and coastal erosion. However, some concerns were raised about ensuring that grant actions comply with public access mandates and environmental protections. Overall, stakeholders seem to view the bill as a pragmatic step toward balancing private land rights with state stewardship over submerged lands.

Contention

Notable points of contention have emerged regarding the long-term implications of issuing a non-exclusive easement for state submerged lands. Critics of blanket easements argue that such measures could set a precedent for future encroachments and undermine regulatory frameworks designed to protect public access to shorelines. Additionally, the environmental reports indicating rising sea levels and increasing flooding risks have heightened sensitivities around coastal management practices. The need for careful planning and community engagement is a theme that resonates through discussions about the bill.