Hawaii Senate Bill SCR7

Hawaii 2024 Regular Session

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

Caption

Authorizing The Issuance Of A Perpetual, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Heeia, Koolaupoko, Oahu, For The Existing Drain, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

The resolution aims to resolve bureaucratic challenges pertaining to the legality of the existing drainage setup, which was established in the 1970s. By granting this easement, the legislation will ensure that the City and County of Honolulu can continue to operate and maintain this essential piece of the public infrastructure without the risk of legal disputes over land ownership. Additionally, it reinforces the collaboration between state and local governments, particularly in managing state resources.

Summary

Senate Concurrent Resolution 7 (SCR7) proposes the authorization for the issuance of a perpetual, non-exclusive easement for portions of state submerged lands at Heeia, Koolaupoko, Oahu. This easement is to accommodate an existing drainage structure, ensuring the continued use, repair, and maintenance of the improvements associated with it. The need for this resolution arises from historical issues where the drainage system was constructed without formal authorization for the portion that encroaches upon state submerged land, despite previous approvals for adjacent land use.

Conclusion

Ultimately, SCR7 illustrates a procedural step towards reaffirming state authority over submerged lands while facilitating necessary public works. It underscores the importance of legislative oversight in validating local government actions that impact state resources, thus enabling continued community development and infrastructure maintenance.

Contention

Discussions surrounding SCR7 have highlighted the importance of balancing infrastructure needs with environmental and land use policies. Critics may raise concerns about the implications of granting easements on submerged lands, especially regarding environmental protections and the potential for future encroachments. However, the previous approvals and absence of objections from relevant state agencies suggest a general consensus on the legitimacy of this easement's necessity.