Authorizing The Issuance Of A Twenty-five Year Term, Non- Exclusive Easement Covering A Portion Of State Submerged Lands At Laie, Koolauloa, Oahu, For A Rock Revetment That Includes Stairs, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.
HCR7 is a House Concurrent Resolution that authorizes the Board of Land and Natural Resources to grant a 25-year, non-exclusive easement over a 710-square-foot portion of state submerged lands in Laie, Koolauloa, Oahu. The easement is for an existing rock revetment and stairs located seaward of residential property identified as Tax Map Key (1) 5-5-002:032, now owned by Western Community Crossroads, LC. The resolution explains that the structure was likely built in the early 1960s by a prior owner, before modern shoreline and coastal permitting rules were in place, and that it now constitutes an encroachment onto state land.
The resolution also authorizes use, repair, and maintenance of the improvements associated with the encroachment, and notes that the company would pay fair market value for the easement as determined by independent appraisal. It references prior approval by the Board of Land and Natural Resources, as well as temporary right-of-entry and revocable permits that allow maintenance while the easement process is completed, subject to rent, bond, and insurance requirements. The measure is a land-management and shoreline-encroachment resolution rather than a broad policy bill, and it relies on existing authority in section 171-53(c), Hawaii Revised Statutes, which requires legislative authorization for leasing state submerged lands.
The bill’s impact is limited to this specific parcel and encroachment, but it would formally regularize the use of state submerged lands by converting an unauthorized or legacy shoreline structure into a legally recognized non-exclusive easement. It would not change statewide shoreline law, but it would allow the State to continue to manage the encroachment through a time-limited property interest tied to the abutting residential lot. The resolution also reinforces the State’s ability to collect compensation and impose conditions for use of public submerged lands.
The general sentiment reflected in the bill text is pragmatic and administrative, with the Office of Conservation and Coastal Lands having no objection and the Board of Land and Natural Resources already approving the easement concept. The measure appears designed to resolve a longstanding encroachment in a controlled way while preserving state ownership of the submerged lands. No committee transcript or vote record was provided, so there is no additional evidence of public debate or formal opposition in the available materials.
Potential points of contention are the use of public submerged lands for a private residential shoreline structure and the fact that the encroachment was created decades ago without current regulatory approval. Some concerns could also arise from shoreline access, coastal management, and whether granting an easement effectively legitimizes private occupation of state land. However, the available record suggests those issues were addressed through the non-exclusive, time-limited nature of the easement, the requirement to pay fair market value, and the absence of objection from the relevant conservation office.
HCR7 would authorize the Board of Land and Natural Resources to issue a 25-year non-exclusive easement over a defined portion of state submerged lands at Laie, Oahu, for an existing rock revetment and stairs, and for their use, repair, and maintenance. It would not amend the Hawaii Revised Statutes, but it would satisfy the legislative authorization required under section 171-53(c) for the State to lease submerged lands in this instance. The practical effect is to legalize and manage a specific shoreline encroachment, while keeping the land in state ownership and requiring payment of fair market value.
The available materials suggest generally favorable or at least noncontroversial treatment of the measure. The Board of Land and Natural Resources had already approved the easement, the Office of Conservation and Coastal Lands had no objection, and the resolution frames the issue as a longstanding encroachment that can be resolved administratively. No votes or committee transcripts were provided, so there is no direct evidence of floor debate, but the bill appears to have been presented as a routine land disposition matter rather than a contested policy proposal.
The main substantive concern is the privatized use of state submerged lands for a residential shoreline structure, especially one that originated as an unpermitted encroachment decades ago. Critics could question whether granting an easement rewards a prior unauthorized placement or affects shoreline management and public access. Supporters, by contrast, would emphasize that the structure predates modern regulations, that the easement is non-exclusive and time-limited, and that the State will receive fair market value and retain ownership. The record provided does not show organized opposition, but these are the likely points of contention.