Hawaii House Bill HCR14

Hawaii 2026 Regular Session

• Introduced: 2/25/26
• Refer: 3/10/26
• Report Pass: 3/20/26
• Refer: 3/20/26
• Report Pass: 4/9/26
• Engrossed: 4/9/26
• Refer: 4/10/26
• Report Pass: 4/22/26
• Refer: 4/22/26

Caption

Authorizing The Issuance Of A Perpetual, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Waialae, Honolulu, Oahu, For Existing Drainage Purposes, And For Use, Operation, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Summary

HCR14 is a House Concurrent Resolution that authorizes the Board of Land and Natural Resources to issue three perpetual, non-exclusive easements over portions of state submerged lands and adjacent state-owned land at Waialae, Honolulu, Oahu. The easements are for existing drainage infrastructure associated with the Kahala Hotel & Resort, including one stormwater outfall and two lagoon outfalls, and they also allow the holder to construct, use, operate, maintain, repair, replace, and remove pipelines for drainage purposes. The resolution explains that the drainage lines were originally built in connection with a 1963 agreement and were constructed in compliance with the laws in effect at the time, with later modifications to the lagoon outfalls made under conservation district requirements. It further notes that the Board of Land and Natural Resources already approved the easements, subject to appraisal-based fair market rent and survey confirmation, and that legislative approval is required under section 171-53, Hawaii Revised Statutes, before state submerged lands may be leased or encumbered in this way.

Impact

If adopted, the resolution would not broadly change state law, but it would provide the specific legislative authorization needed for the state to grant permanent, non-exclusive easement rights over submerged lands and shoreline areas at the Kahala site. It would formalize the legal status of existing drainage outfalls and related pipelines, allowing continued operation and maintenance of infrastructure that crosses state land while preserving state ownership of the underlying property. The affected parties are Resorttrust Hawaii, LLC, the Board of Land and Natural Resources, and state and local permitting authorities involved in land use and shoreline management.

Sentiment

The available voting history suggests generally favorable support for the measure, with the Senate Water, Land, and Agriculture Committee passing it with amendments by a 3-0 vote. The bill text itself frames the easements as a practical authorization for long-existing infrastructure rather than a controversial new use of public land, which indicates a largely administrative and consensual posture around the proposal. No committee transcript was provided, so there is no recorded debate to indicate broader opposition or support beyond the committee vote.

Contention

The main point of potential contention is the use of state submerged lands for a private resort’s drainage infrastructure, including whether a perpetual easement is the appropriate long-term disposition of public land. Related concerns could include the scope of the easement, the fairness of the one-time payment determined by appraisal, and ensuring that the easements remain limited to existing uses and do not expand private rights beyond what is necessary for drainage. The bill addresses these concerns by making the easements non-exclusive, tying compensation to fair market rent, and requiring survey confirmation and executive approval.