Authorizing The Issuance Of A Twenty-five-year Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kikiaola, Kekaha, Kauai, For A Shoreline Protection Structure, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.
HCR4 is a House Concurrent Resolution that authorizes the Board of Land and Natural Resources to grant Graham and Marisa Chelius a 25-year, non-exclusive easement over a portion of state submerged lands seaward of their property in Kikiaola, Kekaha, Kauai. The easement is for an existing shoreline protection structure and for the use, repair, and maintenance of the improvements associated with it. The resolution is tied to a long-running temporary authorization process that began with emergency shoreline stabilization measures and subsequent renewals of right-of-entry and conservation permits.
The resolution explains that the structure was originally placed on state submerged lands under emergency authorization to address erosion, and that later review by the Department of Land and Natural Resources found the prior practice of repeatedly reauthorizing temporary permits without compensation was not consistent with chapter 171, Hawaii Revised Statutes. To resolve the encroachment and bring the situation into compliance with state law, the Board approved a long-term easement, subject to the owners paying fair market value, monthly rent during the interim right-of-entry period, and maintaining liability insurance and a removal bond. The easement would run with the land and benefit the abutting private property.
If adopted, the resolution would provide the legislative authorization required under section 171-53(c), Hawaii Revised Statutes, for the State to lease or grant a long-term interest in submerged lands. It would convert a temporary emergency shoreline protection arrangement into a formal 25-year non-exclusive easement, affecting state submerged lands management, DLNR permitting practice, and the property rights and obligations of the private landowners. It also reinforces that compensation, appraisal-based valuation, and formal disposition procedures are required for continued occupation of state lands.
The overall sentiment appears practical and administrative rather than controversial. The bill reflects agency agreement that a long-term easement is the proper legal mechanism to resolve an existing encroachment, and the Office of Conservation and Coastal Lands reportedly had no objection. The Board of Land and Natural Resources had already approved the easement concept, suggesting institutional support for the measure.
The main point of contention identified in the bill text is not over the specific property, but over the legal framework used for years to authorize the structure. DLNR Land Division concluded that continual renewal of temporary permits without compensation was improper under chapter 171 and recommended conversion to a compensated easement disposition. That issue implicates state policy on submerged lands, fair market compensation, and whether emergency shoreline protections should remain temporary or be formalized through long-term property interests. No recorded votes or committee testimony were provided, so no additional political opposition is evident in the available materials.