Hawaii Senate Bill SCR8

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 Kaneohe, Koolaupoko, Oahu, For The Existing Boat Ramp And Concrete Wall, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

The proposed easement resolves long-standing land use issues stemming from unauthorized construction. It allows the property owner, James Michael Elhoff, to maintain the existing boat ramp and wall while also mandating compensation for the state through a fair market value appraisal of the easement. The resolution indicates that the issuance of the easement is supported by the Office of Conservation and Coastal Lands, which recognizes the structures as a part of the existing seawall since at least 1967. By approving this resolution, the legislature facilitates a legal pathway for settling property rights while ensuring state interests are safeguarded.

Summary

Senate Concurrent Resolution SCR8 seeks to authorize the issuance of a term, non-exclusive easement over a portion of state submerged lands in Kaneohe, Koolaupoko, Oahu. This easement pertains specifically to an existing boat ramp and concrete wall that have encroached upon state lands. Historically, the boat ramp and wall were constructed without proper authorization and now lie seaward of the legal boundary of the adjacent private property since they extend beyond the current shoreline. The resolution aims to formalize the use, repair, and maintenance of these structures and to legally address their encroachment on state land.

Contention

Areas of contention may arise regarding the impact of the easement on public access to waterways and concerns about potential environmental implications of maintaining the boat ramp and wall. While proponents argue that formalizing the easement enhances safety and responsible use of the coastal resources, environmental advocates could express concerns about the long-term consequences of encroachments on submerged lands. Hence, while the resolution provides a framework for legal standing, it may also prompt discussions on balancing private property rights with public interest in coastal and marine resource management.