Hawaii Senate Bill SR64

Hawaii 2025 Regular Session

• Introduced: 3/7/25
• Refer: 3/11/25

Caption

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

Impact

If approved, SR64 will formalize the use, repair, and maintenance of the existing drainage outlets on state submerged lands. The easement area has been established at approximately 12,700 square feet, requiring that the grantee, Resorttrust Hawaii, LLC, pay fair market value as determined by an independent appraisal. This ensures that state resources are fairly compensated while allowing necessary infrastructure to remain operational.

Context

This resolution represents a legislative response to longstanding issues faced by the Kahala Hotel and Resort regarding land use regulations. By granting this easement, the Senate seeks to provide clarity and certainty for the property owners while also adhering to necessary legal frameworks governing state land use. The resolution highlights the delicate balance between infrastructure needs and environmental stewardship.

Summary

Senate Resolution 64 (SR64) authorizes the issuance of a perpetual, non-exclusive easement covering portions of state submerged lands at Waialae, Honolulu, Oahu. This easement pertains to existing drainage outlets that were originally installed with the construction of the Kahala Hotel and Resort. The need for this resolution stems from the historical context surrounding the hotel's development, which predated certain conservation and management laws that typically regulate the use of state lands.

Contention

One notable point of contention may arise from the need for oversight and regulation regarding the lease of state submerged lands. The resolution mandates prior approval from both the Governor and authorization from the Legislature, establishing checks in the process of issuing such easements. As discussions proceed, there may be community interest concerning the environmental impact of maintaining drainage structures in coastal areas, especially given the sensitive nature of Hawaii's marine ecosystems.