Hawaii Senate Bill SCR12

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

Impact

The passage of SCR12 will allow the Association of Apartment Owners of Milowai-Maalaea to maintain their seawall without the risk of legal repercussions due to encroachment on state lands. The easement will be for a period of 25 years, with the possibility of expiration coinciding with the ground lease for the adjacent properties. This supports local efforts to manage coastal infrastructure and utilize public land effectively to safeguard private property from erosion and oceanic threats. It is noted that a fair market value was established for this use, amounting to approximately $63,300, which the association has agreed to pay.

Summary

SCR12 is a Senate Concurrent Resolution from Hawaii that authorizes the Board of Land and Natural Resources to issue a term, non-exclusive easement for a portion of state submerged lands at Maalaea Beach Lots, located in Waikapu, Wailuku, Maui. The easement is intended for the use, repair, and maintenance of an existing seawall and improvements constructed on the submerged lands. The resolution is rooted in historical context as the seawall was installed in the early 1950s during the development of the nearby Maalaea Small Boat Harbor. The current structure has been recognized as non-conforming due to its establishment prior to regulatory changes in 1964.

Contention

While the resolution supports existing infrastructure, potential points of contention stem from broader implications for land use and environmental stewardship. Proponents argue that this easement is vital for protecting the property and promoting responsible management of coastal areas. However, there may be concerns from environmental advocates regarding long-term impacts on marine ecosystems and the precedent set by allowing private entities to maintain structures on public submerged land. The need for approvals from the Governor and Legislature reflects the balance that must be struck between private needs and public interest in coastal preservation.