Hawaii Senate Bill SCR5

Hawaii 2022 Regular Session

• Introduced: 1/26/22
• Refer: 1/26/22
• Report Pass: 3/17/22
• Refer: 3/17/22
• Report Pass: 3/28/22
• Engrossed: 3/29/22
• Refer: 3/30/22

Caption

Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kaneohe, Koolaupoko, Oahu, For The Existing Pier, House, Rock Wall, And Landscape Area, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

SCR5 has significant implications for Hawaii's management of submerged lands and property rights. By allowing the Board of Land and Natural Resources to grant a 25-year easement, the resolution addresses the encroachments in a legal framework that protects both the state’s interests and the property owners'. The approval process outlined also highlights the role of the state legislature in regulating leases of submerged lands, ensuring that state and community interests are balanced in land use planning.

Summary

Senate Concurrent Resolution 5 (SCR5) aims to authorize the issuance of a non-exclusive easement covering a portion of submerged state lands located at Kaneohe, Koolaupoko, Oahu. This easement is designed to accommodate an existing pier, house, rock wall, and landscape area that have encroached upon state land. The attempt to formalize this easement follows various efforts by the Department of Land and Natural Resources (DLNR) and the property owners to address these encroachments, which were facilitated by a shoreline survey identifying the extent of the encroachment and the necessity for a legal resolution.

Sentiment

The sentiment around SCR5 appears to be generally positive, especially among proponents who believe that it provides a necessary solution to ongoing encroachment issues. Stakeholders involved recognize the resolution as a pragmatic approach to resolving potential legal disputes stemming from unauthorized structures on state land. However, discussions may still reflect undercurrents of caution regarding how land use regulations are enacted, ensuring that future activities do not compromise public interests in the coastal area.

Contention

While there has been broad consensus on the necessity of resolving the encroachment, there remains a level of contention regarding how such easements will be managed and the long-term implications for property rights along the coastline. Some advocates for environmental protection may express concerns over the precedent it sets for similar requests and how it aligns with preservation goals for Hawaii’s natural resources. The balance between private property rights and public land management will remain a crucial area for ongoing discussion.