Bill No. 36-0070 COMPARATIVE STATUTORY MODELS — Disaster Recovery, Infrastructure and Planning
COMPARATIVE STATUTORY MODELS: PUBLIC USE, COASTAL ACCESS, EMINENT DOMAIN, and PERPETUAL EASEMENT Jurisdiction / Source Citation / Policy Instrument Key Provisions Relevance to USVI Hawaii HRS § 115-5 Requires public access to beaches and recreational areas through dedicated easements; protects customary and traditional rights of native Hawaiians. Legal basis for requiring perpetual easements; supports preservation of traditional access routes in island contexts. California Cal. Coastal Act §§ 30210–30214 Guarantees public access to coastline; mandates that development preserve scenic, cultural, and environmental resources; encourages access through easements. Supports broad definition of “public use”; provides a model for mandatory transparency and public access management. Florida Florida Constitution, Art. X, § 11 Declares that lands beneath navigable waters are held by the state in trust for the public; prohibits privatization unless clearly in the public interest. Grounds for public trust doctrine; reinforces limits on privatization of shoreline and commons. …
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COMPARATIVE STATUTORY MODELS: PUBLIC USE, COASTAL ACCESS, EMINENT DOMAIN, and PERPETUAL EASEMENT Jurisdiction / Source Citation / Policy Instrument Key Provisions Relevance to USVI Hawaii HRS § 115-5 Requires public access to beaches and recreational areas through dedicated easements; protects customary and traditional rights of native Hawaiians. Legal basis for requiring perpetual easements; supports preservation of traditional access routes in island contexts. California Cal. Coastal Act §§ 30210–30214 Guarantees public access to coastline; mandates that development preserve scenic, cultural, and environmental resources; encourages access through easements. Supports broad definition of “public use”; provides a model for mandatory transparency and public access management. Florida Florida Constitution, Art. X, § 11 Declares that lands beneath navigable waters are held by the state in trust for the public; prohibits privatization unless clearly in the public interest. Grounds for public trust doctrine; reinforces limits on privatization of shoreline and commons. Puerto Rico Ley de Costas (Law No. 23 of 1972) Protects public access to coastal and maritime zones; mandates public right-of-way; emphasizes cultural and environmental preservation. Emphasizes coastal resilience and access to cultural sites; validates use of easements and trails. United States Supreme Court Kelo v. City of New London, 545 U.S. 469 (2005) Expanded definition of “public use” under the Fifth Amendment but led to widespread reforms restricting speculative takings. Supports inclusion of repurposing clauses and time-bound use requirements to avoid unjustified takings. Federal CZMA 16 U.S.C. § 1451 et seq. (NOAA) Encourages states and territories to develop coastal plans that protect access, natural resources, and promote sustainable development. Endorses integrating CZM goals into eminent domain policy; reinforces need for inter-agency coordination and stakeholder engagement.