Hawaii Senate Bill SCR9

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 Waialae-iki, Honolulu, Oahu, For The Existing Revetment, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Impact

The bill will enable the Board of Land and Natural Resources to resolve the encroachment by allowing a non-exclusive easement to be issued to the current property owner, who has been working with the department to formalize permits. This action will not only secure legal use of the oceanfront area but also contribute to ongoing maintenance and repairs of the improvements constructed on state submerged lands. The easement's approval is significant in affirming property rights while ensuring environmental protections.

Summary

Senate Concurrent Resolution 9 (SCR9) proposes to authorize the issuance of a term, non-exclusive easement for a portion of state submerged lands located at Waialae-Iki, Honolulu, Oahu. This easement is intended for the existing revetment, which was originally developed to protect the shoreline from erosion. The resolution addresses a long-standing issue stemming from an encroachment that occurred without the formalization of an easement, which was initially permitted back in 1964 but never completed due to unknown reasons.

Contention

While there appears to be general support for SCR9 in terms of rectifying the encroachment issue, it may raise discussions regarding the management of state submerged lands and the precedents it sets for similar cases. The historical context of the easement's long delay and the subsequent need for an appraisal to determine a fair market value introduce layers of complexity that could lead to scrutiny from both environmental and property rights perspectives. Stakeholders may express varying viewpoints on how to balance development needs with ecological preservation.