Hawaii Senate Bill SCR11

Hawaii 2024 Regular Session

• Introduced: 1/24/24
• Refer: 2/12/24

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

If passed, SCR11 will allow the Board of Land and Natural Resources to issue a 25-year non-exclusive easement for the continued use, repair, and maintenance of the stated structures. The easement is designed to benefit the abutting property owners, ensuring they can utilize the area while resolving potential legal conflicts over land use. Additionally, the grantee will be required to pay a monthly rental fee along with the fair market value for the easement, which must be determined by an independent appraisal.

Summary

Senate Concurrent Resolution 11 (SCR11) seeks to authorize the issuance of a non-exclusive easement for a portion of state submerged lands located at Hauula, Koolauloa, Oahu. This easement pertains to existing structures, including a riprap revetment, ramp, and rock groin, that have encroached upon state property. These structures were initially placed as far back as 1947 and have undergone various repairs and improvements over the years, most recently in 1961. The resolution aims to officially resolve the issue of encroachment by formalizing the status of these structures under state law.

Contention

The decision to authorize the easement underscores a broader discussion regarding land use in coastal areas and the responsibilities of the state in overseeing submerged lands. There may be differing views on whether such encroachments should be legalized through easements or whether they imply negligence in adhering to legal processes regarding state-owned property. Concerns may arise from environmental advocates about the impact of permanent structures on natural shorelines, emphasizing the need for a balance between private property rights and public resource protection.