Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 3094 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that landowners may not file claims for accreted land resulting from encouraged vegetation on the property's seaward boundary.

Testimony in support of this measure was submitted by the Department of Land and Natural Resources. Testimony in opposition of this bill was submitted by Mr. Robert Toyofuku, an attorney on behalf of several landowners. The Office of the Attorney General submitted comments.

Your Committee finds that the current law for accreted lands allows only the State to register accreted lands along the ocean, except for private landowners whose eroded land has been restored by accretion. This measure clarifies this provision by specifically precluding any private landowner from registering accreted lands on the seaward boundary of the property if the owner planted, maintained, or otherwise encouraged vegetation on the additional land.

Your Committee noted that there is a class action lawsuit pending in Circuit Court regarding private landowner rights to accreted lands, and the testimony given by Mr. Toyofuku, on behalf of several landowners, expressed concerns about the current laws regarding accreted lands and the provisions in this measure. Mr. Toyofuku noted that the current law only permits the State to own accreted lands that extend along the shoreline, and he believes this provision, which was implemented in 2003, was a "marked departure from the clearly established common law of the State prior to 2003." As a remedy to this disparity, Mr. Toyofuku offered an amendment to this measure that:

Your Committee considered the testimony and the amendments suggested by Mr. Toyofuku, but did not adopt the changes.

Your Committee has amended this measure by making a technical, non-substantive amendment.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3094, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3094, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.