Authorizing The Issuance Of A Twenty-five-year Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Ewa Beach, Ewa, Oahu, For A Seawall, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.
HCR6 is a House Concurrent Resolution that authorizes the Board of Land and Natural Resources to grant Poni LLC a 25-year, non-exclusive easement over a small portion of state submerged lands at Ewa Beach, Oahu. The easement is for an existing seawall and for the use, repair, and maintenance of the improvements associated with it. The resolution explains that the seawall was originally built in 1966 on private land, but shoreline migration over time has caused it to become an encroachment on state submerged lands.
The measure also notes that the Office of Conservation and Coastal Lands did not object to resolving the encroachment through a non-exclusive easement, and that the Board of Land and Natural Resources had already approved the easement in 2024, along with temporary access and revocable permits while the process is pending. Poni LLC would be required to pay fair market value for the easement, as determined by independent appraisal, and the arrangement would run with the land and benefit the abutting residential property.
The resolution does not amend the Hawaii Revised Statutes directly, but it is required under section 171-53(c), HRS, as the Legislature’s prior authorization for leasing state submerged lands. If adopted, it would allow the state to formalize a legal right for the private property owner to keep, use, repair, and maintain the seawall on state-owned submerged land, rather than treating the structure solely as an unauthorized encroachment. It also reinforces the state’s process for managing shoreline encroachments through easements, appraisals, and land board approval.
The available context suggests generally routine and favorable treatment of the measure. The bill is framed as a practical land-management solution to an existing encroachment, with the relevant coastal office having no objection and the land board already approving the easement. No committee transcripts or recorded votes were provided, so there is no evidence in the supplied materials of organized opposition or debate. Overall, the resolution appears to be a technical authorization measure rather than a controversial policy proposal.
The main issue underlying the resolution is the conversion of a private seawall into a permitted use of state submerged lands, which can raise concerns about shoreline encroachment, private use of public trust lands, and precedent for similar requests. The bill addresses those concerns by limiting the authorization to a non-exclusive easement, requiring fair market value payment, and tying the approval to existing administrative review and shoreline certification. No specific opposing viewpoints are included in the provided record, but the potential tension is between accommodating an existing residential structure and protecting state coastal lands.