Bill Text: HI SB1026 | 2024 | Regular Session | Introduced
Bill Title: Relating To Beach Preservation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB1026 Detail]
Download: Hawaii-2024-SB1026-Introduced.html
|
THE SENATE |
S.B. NO. |
1026 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to Beach preservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that Sunset Beach is a priceless stretch of irreplaceable coastline, world-famous and iconic to the sport of surfing, and a key driver of the north shore economy. However, the State's failure to enforce its own laws and uphold its duties under the public trust doctrine on a small stretch of Sunset Beach coastline between 59-145 and 59-175C Ke Nui road on Oahu, has led to houses falling onto the sand, debris littering near shore waters, and limitations to public access.
The legislature finds that the State has jeopardized the future of Sunset Beach in this respect and has decided to take ownership of these particular problematic properties in order to create a new public beach park and allow natural coastal processes to reform a beach in the area.
The legislature further finds that the acquisition will provide additional benefits to include:
(1) Giving parcel owners a fair exit strategy from a situation that otherwise has no good ending and implementing a leaseback program that will allow the State to recoup some of its investment;
(2) Creating a new park that shall be conveyed to the city and county of Honolulu or a nonprofit such as the North Shore Community Land Trust, with extra funds to construct additional parking and potentially another shower facility; and
(3) Providing extra parking that will alleviate traffic and allow residents and visitors to enjoy the beautiful and iconic shoreline.
The legislature finds that this one-time acquisition of properties does not signify any policy or set any precedent and is not endorsing the creation of a policy to purchase coastal property that the State otherwise could acquire for free as the unstoppable shoreline moves mauka. Notwithstanding, waiting for the beach to erode could mean losing Sunset Beach entirely, which is not in the public interest.
The legislature finds that in the future, proper enforcement of beach preservation laws should avoid a repeat of this scenario, and the legislature fully expects the department of land and natural resources to execute and enforce state law.
Accordingly, the purpose of this Act is to:
(1) Require the department of land and natural resources to acquire by eminent domain the fee simple interest to the parcels of land with improvements thereon located between 59-145 and 59-175C Ke Nui road;
(2) Appropriate funds to the department of land
and natural resources for the just compensation of taking the fee simple
interest to the parcels of land with improvements thereon;
and
(3) Appropriate funds to the department of land and natural resources to create a new public beach park.
SECTION 2. The department of land and natural resources shall acquire by eminent domain pursuant to chapter 101, Hawaii Revised Statutes, the fee simple interest to the following parcels of land with existing improvements thereon, for the purpose of creating a new public beach park. The parcels to be acquired are as follows:
(1) TMK 5-9-002-001-0000 (59-145 Ke Nui road);
(2) TMK 5-9-002-002-0000 (59-147A Ke Nui road);
(3) TMK 5-9-002-003-0000 (59-147 Ke Nui road);
(4) TMK 5-9-002-004-0000 (59-149 Ke Nui road);
(5) TMK 5-9-002-005-0000 (59-151A Ke Nui road);
(6) TMK 5-9-002-007-0000 (59-151 Ke Nui road);
(7) TMK 5-9-002-008-0000 (59-155 Ke Nui road);
(8) TMK 5-9-002-009-0000 (59-157 Ke Nui road);
(9) TMK 5-9-002-011-0000 (59-161 Ke Nui road);
(10) TMK 5-9-002-012-0000 (59-163 Ke Nui road);
(11) TMK 5-9-002-017-0000 (59-165D Ke Nui road);
(12) TMK 5-9-002-018-0000 (59-165B Ke Nui road);
(13) TMK 5-9-002-019-0000 (59-165A Ke Nui road);
(14) TMK 5-9-002-020-0000 (59-165 Ke Nui road);
(15) TMK 5-9-002-021-0000 (59-171 Ke Nui road);
(16) TMK 5-9-002-022-0000 (59-171A Ke Nui road);
(17) TMK 5-9-002-023-0000 (59-171B Ke Nui road);
(18) TMK 5-9-002-024-0000 (59-171C Ke Nui road);
(19) TMK 5-9-002-025-0000 (59-171D Ke Nui road);
(20) TMK 5-9-002-026-0000 (59-175C Ke Nui road);
(21) TMK 5-9-002-027-0000 (59-175B Ke Nui road); and
(22) TMK 5-9-002-030-0000 (59-175 Ke Nui road).
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $60,000,000 or so much thereof as may be necessary for fiscal year 2023-2024 for the just compensation of taking the fee simple interest to the parcels of land with improvements thereon located between 59-145 and 59-175C Ke Nui road.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the creation of a new public beach park.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2023.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Eminent Domain; Ke Nui Road; Department of Land and Natural Resources; Appropriations
Description:
Requires the Department of Land and Natural Resources to acquire by eminent domain the fee simple interest to the parcels of land with improvements thereon located between 59-145 and 59-175C Ke Nui Road. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
