Report Title:

Blue Angel Falls; Ownership; Jurisdiction; Attorney General

Description:

Requires the attorney general to assist in resolving ownership and jurisdictional issues relating to Blue Angel Falls in Maui county.

HOUSE OF REPRESENTATIVES	H.B. NO.	3411
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to blue angel falls.

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

     SECTION 1.  The legislature finds that Blue Angel Falls, also known as Heleleikeoha Falls, is located in Nahiku in east Maui.  The site, facing the ocean and sheltered by rocks protecting its picturesque plunge pool from the crashing waves just a few feet away, is one of the most popular and spectacular falls in Hawaii.  Although the falls is typically light flowing, after rains, flows may be quite heavy, posing a hidden danger to visitors to the falls.

     The legislature further finds that controversy also exists over public access to the shoreline, where the falls is located, that crosses over privately-owned land.  Consequently, the lack of unambiguous ownership and jurisdictional responsibility may result in not only exposing the State or Maui county to liability if individuals, including numerous visitors to the State, are injured, but also contributing to the continuing controversy over access to the falls.

     To avoid future threats to the safety and well-being of visitors and the residents of east Maui and to clarify the issue of public access to Blue Angel Falls, the matter of ownership and jurisdictional responsibility must be resolved.

     The purpose of this Act is to protect the safety and well-being of visitors and residents of east Maui by requiring the department of the attorney general to assist in resolving the ownership and jurisdictional dispute over Blue Angel Falls.

     SECTION 2.  The department of the attorney general shall investigate, issue an opinion on, and otherwise assist in the resolution of the issue of ownership of and jurisdiction over Blue Angel Falls and submit a report of its findings and recommendations, including any legislation deemed necessary to clarify ownership and legal jurisdiction, to the legislature no later than twenty days before the convening of the regular session of 2009.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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