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.
The resolution acknowledges the historical context of the construction of the Kahala Hotel and Resort, which pre-dates certain environmental regulations concerning state submerged lands. This bill intends to clarify the legal standing of existing drainage outlets while ensuring compliance with the requirements outlined in section 171-53 of the Hawaii Revised Statutes. The approval of a perpetual easement is seen as a necessary step to provide clarity over land use in this commercially significant area.
SCR81 is a Senate Concurrent Resolution from the Thirty-third Legislature of Hawaii aimed at authorizing the issuance of a perpetual, non-exclusive easement over a portion of state submerged lands at Waialae, Honolulu, Oahu. This easement is proposed for the existing drainage outlets associated with the Kahala Hotel and Resort. The resolution explicitly outlines that the easement will facilitate the use, repair, and maintenance of improvements constructed over these submerged lands.
While the bill appears straightforward, it may raise questions related to land use and environmental stewardship, especially given the broader implications of granting easements over state lands. Some opponents may argue that this could set a precedent affecting future developments and the ecological considerations tied to state submerged land. The need for independent appraisal and fair market value for the easement also introduces a layer of complexity concerning state revenues and financial management related to natural resources.
The resolution aims to balance the operational needs of the Kahala Hotel and Resort with the regulatory framework established to protect state submerged lands. Given the historical context and the efforts by Resorttrust Hawaii, LLC to adhere to legal stipulations, SCR81 serves to align existing practices with formal authorization, potentially benefiting both the local economy and regulatory clarity in land management.