Hawaii Senate Bill SCR5

Hawaii 2025 Regular Session

• Introduced: 1/23/25
• Refer: 2/3/25
• Report Pass: 3/12/25
• Refer: 3/12/25
• Engrossed: 3/31/25
• Refer: 4/4/25
• Report Pass: 4/14/25
• Refer: 4/14/25
• Report Pass: 4/17/25

Caption

Authorizing The Issuance Of A Twenty-five-year Term, Nonexclusive Easement Covering A Portion Of State Submerged Lands At Waikiki, Honolulu, Oahu, For Concrete Stairs, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.

Impact

The implementation of SCR5 will have implications on how state submerged lands are utilized, particularly in relation to private property development and public access to beach areas. By facilitating the reconstruction of steps that provide access to the beach from adjacent properties, the bill demonstrates a governmental effort to balance private interests of property owners, like HTH DH Ventures, LLC, with the public's right to access coastal areas. This easement also requires that any construction on state lands must adhere to regulations outlined in Hawaii Revised Statutes, which seek to ensure responsible use and conservation of coastal resources.

Summary

Senate Concurrent Resolution SCR5 seeks to authorize the issuance of a twenty-five-year term, non-exclusive easement that covers a portion of state submerged lands located at Waikiki, Honolulu, Oahu. This easement is specifically intended for the construction of concrete stairs, along with provisions for the use, repair, and maintenance of the aforementioned improvements. The resolution acknowledges the prior removal of these concrete steps in 2021 and the need for their replacement as approved by the Office of Conservation and Coastal Lands.

Sentiment

The support for SCR5 appears to be largely positive among lawmakers, as evidenced by its passing through legislative committee with amendments. This sentiment reflects a recognition of the need to restore public access to coastal areas and enhance the utility of state lands. However, discussions around the bill may raise concerns regarding the ramifications of granting easements on submerged lands, particularly about environmental impacts and community access. Stakeholders' varying perspectives could indicate underlying apprehensions about giving extended rights to private developers over public coastal access.

Contention

One notable point of contention surrounding SCR5 lies in the balance between facilitating development and protecting public access rights. Critics could argue that extending an easement for private benefit may set a precedent that encourages more commercial interest in state lands, potentially limiting public access in the future. Furthermore, the requirement for independent appraisal of the easement's market value introduces financial dimensions to the negotiations, leading to discussions about fair compensation for the use of state resources. Thus, the resolution raises broader questions about the governance of coastal land use and regulatory adherence.