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.
SCR 6 authorizes the Board of Land and Natural Resources to grant a 25-year, non-exclusive easement over a small portion of state submerged lands seaward of a residential property in 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 under a city permit, but shoreline migration over time moved it into state submerged lands, creating an encroachment that now needs to be regularized.
The measure is tied to a specific parcel owned by Poni LLC, which purchased the property in 2022. It 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, along with temporary right-of-entry and revocable permits during the approval process. The company would pay fair market value for the easement, as determined by independent appraisal, and the easement would run with the land for the benefit of the abutting residential property.
If enacted, SCR 6 would satisfy the statutory requirement in section 171-53(c), Hawaii Revised Statutes, for legislative authorization before state submerged lands may be leased or encumbered in this way. It would allow the state to formalize continued private use of a small submerged-land area, while preserving state ownership and granting only a non-exclusive right for maintenance and repair of the seawall. The resolution affects the specific parcel at Ewa Beach and the associated submerged lands, and it would support the Department of Land and Natural Resources in issuing the easement and collecting compensation for the use of public land.
The available record suggests generally favorable sentiment toward the measure. The Senate Water and Land Committee passed the bill unamended by a 3-1 vote, indicating support for resolving the encroachment and allowing the property owner to maintain the seawall. The bill text also reflects agency and board-level support, including the Office of Conservation and Coastal Lands’ lack of objection and prior approval by the Board of Land and Natural Resources.
The main point of tension is the use of state submerged lands for a private residential seawall, which raises issues of public land access, shoreline encroachment, and precedent for similar cases. The lone dissent in committee suggests at least some concern, though no transcript is provided to identify the specific objection. The resolution addresses these concerns by limiting the grant to a non-exclusive easement, requiring fair market value payment, and tying the authorization to a narrowly defined 165-square-foot encroachment.