Report Title:

Accreted Lands; State Lands

Description:

Specifies that accreted lands along the ocean are state lands.

HOUSE OF REPRESENTATIVES

H.B. NO.

84

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ACCRETED LANDS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the accretion doctrine grants the abutting private land owner ownership rights over lands accreted by oceans or streams. Evidently, the rationale of the doctrine is to protect a land owner's access to fresh water sources. Accordingly, the doctrine has its roots in stream and river conditions rather than in ocean situations.

The legislature further finds that the doctrine as applied to lands accreted along the ocean, as opposed to lands accreted within private property lines, undermines state constitutional doctrine that all natural resources are held in public trust by the State and the State's policy of extending to the public use and ownership as much of Hawaii's shoreline as is reasonably possible.

The purpose of this Act is to specify that lands accreted along the ocean are public lands and only the State shall register those lands.

SECTION 2. Section 171-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Accreted lands" means land formed by the gradual accumulation of sand along the ocean except for accumulation that occurs within existing private property lines that restores land previously eroded."

SECTION 3. Section 171-2, Hawaii Revised Statutes, is amended to read as follows:

"§171-2 Definition of public lands. "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including accreted lands, submerged lands, and lands beneath tidal waters which are suitable for reclamation, together with reclaimed lands which have been given the status of public lands under this chapter, except:

(1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;

(2) Lands set aside pursuant to law for the use of the United States;

(3) Lands being used for roads and streets;

(4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act prior to the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the State Constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;

(5) Lands to which the University of Hawaii holds title;

(6) Lands to which the housing and community development corporation of Hawaii in its corporate capacity holds title;

(7) Lands to which the Hawaii community development authority in its corporate capacity holds title;

(8) Lands to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

(9) Lands which are set aside by the governor to the Aloha Tower development corporation; lands leased to the Aloha Tower development corporation by any department or agency of the State; or lands to which the Aloha Tower development corporation holds title in its corporate capacity; and

(10) Lands to which the agribusiness development corporation in its corporate capacity holds title."

SECTION 4. Section 501-33, Hawaii Revised Statutes, is amended to read as follows:

"§501-33 Accretion to land. An applicant for registration of land by accretion shall prove by a preponderance of the evidence that the accretion is natural and permanent[.]; provided that no applicant other than the State shall register land accreted along the ocean. "Permanent" means that the accretion has been in existence at least twenty years. The accreted portion of the land shall be considered within the conservation district unless designated otherwise by the land use commission under chapter 205. Prohibited uses are governed by section 183-45. Except for lands accreted within established private property lines that restore eroded areas, any land accreted along the ocean shall be public lands and shall be considered within the conservation district unless designated otherwise by the land use commission under chapter 205."

SECTION 5. Section 669-1, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Action may be brought by any person to quiet title to land by accretion[.]; provided that no action shall be brought by any person other than the State to quiet title to land accreted along the ocean, except for land accreted within existing private property lines that restores eroded areas. The person bringing the action shall prove by a preponderance of the evidence that the accretion is natural and permanent. "Permanent" means that the accretion has been in existence for at least twenty years. The accreted portion of land shall be considered within the conservation district unless designated otherwise by the land use commission under chapter 205. Any land accreted along the ocean, except land accreted within existing private property lines that restores eroded areas, shall be public lands and shall be considered within the conservation district unless designated otherwise by the land use commission under chapter 205. Prohibited uses are governed by section 183-45."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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