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HI HCR30
Concurrent Resolution
Status
2/28/2019
Primary Sponsor
Bertrand Kobayashi
Click for details
AI Summary
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Requests the Department of Land and Natural Resources to acquire by eminent domain a seawall and underlying real property located between 2943 and 3019 Kalakaua Avenue, Oahu, Hawaii.
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Public has used the seawall footpath for approximately 65 years to access the beach, shoreline, and ocean for swimming, surfing, fishing, and other activities.
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State paid for seawall repairs and maintenance until 2006, when it disclaimed responsibility, leading to litigation in Gold Coast Neighborhood Association v. State (2017).
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Hawaii Supreme Court affirmed the State acquired an easement over the seawall by implied dedication but did not own the seawall or underlying property, limiting State maintenance obligations to the top surface.
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Gold Coast Neighborhood Association supports State acquisition through eminent domain to ensure full repair and maintenance of the seawall and continued public beach access.
Legislative Description
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.
Department of Land and Natural Resources
Last Action
The committee(s) on WLH recommend(s) that the measure be deferred.
3/15/2019