STAND. COM. REP. NO. 475

Honolulu, Hawaii

, 2005

RE: H.B. No. 1442

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 1442 entitled:

"A BILL FOR AN ACT RELATING TO LATERAL PUBLIC ACCESS,"

begs leave to report as follows:

The purpose of this bill is to promote the enjoyment of Hawaii's shoreline areas by enabling the public to safely travel between different shoreline access points. This bill directs each county to adopt ordinances requiring a subdivider or developer to dedicate land for public access or right-of-way or easement that would enable lateral public access connecting existing or proposed accesses to the shoreline.

The Conservation Council for Hawaii, Sierra Club, Hawaii Chapter, and three individuals testified in support of this measure. The Mayor of the County of Kauai offered comments, and the Land Use Research Foundation of Hawaii opposed this bill.

Your Committee has amended this measure by:

(1) Ensuring that the provisions of this bill not affect any pending proceedings;

(2) Changing the effective date to July 1, 2006; and

(3) Making technical, nonsubstantive amendments for clarity and consistency.

Your Committee respectfully encourages the Committee on Judiciary to examine whether the provisions of this bill constitute a taking of property without just compensation.

As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1442, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1442, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,

 

____________________________

EZRA R. KANOHO, Chair