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HCR 14

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.

2026 Regular Session Introduced by Mark Hashem

Hawaii grants perpetual drainage easement on state submerged lands at Waialae, locking in rights to maintain existing infrastructure indefinitely on public property.

Received from House (Hse. Com. No. 535).
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Bill Summary · HCR 14

Legislative bill overview

HCR 14 authorizes Hawaii to grant a perpetual, non-exclusive easement over state-owned submerged lands at Waialae in Honolulu. The easement would allow continued use, operation, repair, and maintenance of existing drainage infrastructure currently built on those lands.

Why is this important

Submerged lands are valuable public resources typically held in trust by the state. Granting a perpetual easement locks in rights to this land indefinitely, potentially affecting future public uses, environmental management, or development options. The drainage infrastructure serves practical functions but the "perpetual" nature means this decision cannot easily be reversed by future legislatures.

Potential points of contention

  • Public trust doctrine concerns: Hawaii's Constitution requires state lands be managed for public benefit; granting perpetual private rights may conflict with this obligation and limit future public access or environmental protection measures
  • Lack of compensation details: The bill text doesn't specify what compensation, if any, the state receives for granting perpetual rights to public submerged lands
  • Environmental impact unclear: No mention of environmental review or potential effects on coastal ecosystems, water quality, or marine habitats in the Waialae area

Compiled from official sources — confirm details with the bill’s official record.

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