Hawaii House Bill HCR5

Hawaii 2025 Regular Session

• Introduced: 1/21/25
• Refer: 1/27/25

Caption

Authorizing The Issuance Of A Twenty-five-year Term, Non-exclusive 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.

Summary

HCR5 is a House Concurrent Resolution that seeks legislative authorization for the Board of Land and Natural Resources to grant HTH DH Ventures, LLC a 25-year, non-exclusive easement over a small portion of state submerged lands in Waikiki, Oahu. The easement would allow the company to construct replacement concrete stairs seaward of its seawall and to use, repair, and maintain those improvements. The resolution explains that the stairs previously existed on the submerged lands, were removed in 2021, and were later approved for replacement by the Department of Land and Natural Resources’ Office of Conservation and Coastal Lands in the same location, alignment, and footprint. The measure is tied to Hawaii’s statutory requirement in section 171-53(c), HRS, that any lease or easement involving state submerged lands receive prior approval from the Governor and prior authorization from the Legislature by concurrent resolution. It also notes that the easement would run with the land, benefit the adjacent property, and require payment of fair market value based on an independent appraisal. The affected area is very small—about 26.5 square feet—subject to survey review, but the resolution is necessary to legalize the use of state-owned submerged land for the stair replacement and related maintenance. The general sentiment reflected in the bill text is procedural and supportive. The Department of Land and Natural Resources’ Office of Conservation and Coastal Lands had no objection, and the Board of Land and Natural Resources already approved the easement request, indicating agency-level support for the project. The resolution also states that the property owner agreed not to build the stairs until the required legislative and gubernatorial approvals are obtained, suggesting an effort to comply with state land-use requirements. There is little evidence of overt controversy in the available materials, but the main policy issue is the use of public submerged lands for a private property-related improvement in a sensitive coastal area. The key point of potential contention is whether granting a long-term easement for beach-access-related stairs on state land is appropriate, especially given coastal management and public trust considerations. However, no committee testimony, recorded votes, or formal opposition are provided in the available context, so the bill appears to have been treated as a routine land disposition authorization rather than a contested measure.

Impact

If enacted, HCR5 would authorize the Board of Land and Natural Resources to issue a 25-year non-exclusive easement under section 171-53, HRS, for a small area of state submerged lands in Waikiki. It would not itself change the underlying land ownership, but it would permit the private owner to occupy and maintain the submerged-land area for concrete steps and related improvements, subject to payment of fair market value and final administrative processing. The resolution directly affects state submerged land management, coastal permitting, and the property rights of the adjacent landowner.

Sentiment

The available record suggests generally favorable and noncontroversial sentiment. The relevant land and coastal agencies approved or did not object to the easement, and the bill appears to implement an already reviewed and narrowly tailored replacement of previously existing steps. No votes, amendments, or committee transcripts are provided, so there is no evidence of organized opposition or significant debate in the materials supplied.

Contention

The main area of possible contention is the use of state submerged lands for a private easement in a coastal zone, which can raise concerns about public access, shoreline management, and precedent for private encroachments on public trust lands. Another possible issue is whether the replacement steps should be treated as a necessary access improvement or as an encroachment requiring careful limitation. In the provided materials, however, no specific opposition is identified, and the agencies involved appear aligned in support of the authorization.