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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
30 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
requesting the department of land and natural resources to acquire by eminent domain the seawall and the real property underneath the seawall that is located on or near the seaward boundaries of property between 2943 Kalakaua Avenue and 3019 Kalakaua Avenue, oahu, hawaii.
WHEREAS, for the past sixty-five years, residents and visitors of Oahu have been free to walk along the cement path atop a seawall on or near the seaward boundaries of property between 2943 Kalakaua Avenue and 3019 Kalakaua Avenue to access the beach, shoreline, and ocean for swimming, surfing, fishing, and other activities of island living; and
WHEREAS, over the course of these decades, the State has paid for and completed repairs and maintenance on the seawall, thereby enabling the public to continue to safely use the footpath; and
WHEREAS, as recently as 2006, the Legislature appropriated funds to repair the seawall; however, the State shortly thereafter disclaimed any duty to maintain the seawall, which resulted in a lawsuit to require the State to maintain and keep the seawall in good and safe condition; and
WHEREAS, in Gold Coast Neighborhood Association v. State, 136 Hawaii 340, 361 P.3d 1243 (App. 2015), the Intermediate Court of Appeals affirmed the Circuit Court's holding that the State had acquired an easement over the seawall by common law implied dedication and the seawall and real property under the seawall by surrender; and
WHEREAS, on certiorari, the Supreme Court in Gold Coast Neighborhood Association v. State, 140 Hawaii 437, 403 P.3d 214 (2017) affirmed the Circuit Court and Intermediate Court of Appeals' decision that the State acquired an easement over and across the seawall by virtue of implied dedication, but held that the State did not own the seawall or the real property underneath it by surrender; and
WHEREAS, as a result, the State has interpreted the ruling of the case to mean that the State is only responsible for maintenance of the top surface of the seawall rather than repair and maintenance of the full length and depth of the seawall; and
WHEREAS, the Gold Coast Neighborhood Association has expressed support for the option of the State taking the seawall and the real property underneath the seawall through eminent domain in order to provide for the repair and maintenance of the seawall and continued public access to the beach and shoreline; now, therefore,
BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that the Department of Land and Natural Resources is requested to acquire by eminent domain the seawall and the real property underneath the seawall that is located on or near the seaward boundaries of property between 2943 Kalakaua Avenue and 3019 Kalakaua Avenue, Oahu, Hawaii; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and Chairperson of the Gold Coast Neighborhood Association.
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OFFERED BY: |
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Department of Land and Natural Resources; Eminent Domain; Seawall; 2943 Kalakaua Avenue and 3019 Kalakaua Avenue