HI SCR40

Requests the Department of Land and Natural Resources to acquire by eminent domain the seawall and underlying real property located between 2943 and 3019 Kalakaua Avenue, Oahu, Hawaii.

Acknowledges that the public has freely accessed the seawall footpath for 65 years for beach and ocean activities, with the state previously funding repairs and maintenance.

References Hawaii Supreme Court ruling in Gold Coast Neighborhood Association v. State (2017) that found the state acquired an easement over the seawall but does not own the seawall or underlying property.

States the state's current interpretation limits its maintenance responsibility to only the top surface of the seawall rather than full repair and depth maintenance.

Requires certified copies of the resolution be sent to the Chairperson of the Board of Land and Natural Resources and the Chairperson of the Gold Coast Neighborhood Association.