Hawaii Constitution Article XI Conservation, Control and Development of Resources

Hawaii Constitution – Article XI: Conservation, Control, and Development of Resources

Overview:

Article XI focuses on the protection, management, and sustainable use of Hawaii’s natural resources, including land, water, air, minerals, and native plants and animals. It reflects the state’s commitment to environmental stewardship and sustainable development.

Section-by-Section Summary:

§ 1 – Policy and Purpose

Declares that the conservation, protection, and development of natural resources are of public interest and concern.

The state has a responsibility to protect these resources for present and future generations.

§ 2 – Public Trust Doctrine

The state holds certain resources in trust for the benefit of the people, including:

Water resources

Coastal areas

Forest reserves

Natural landmarks

The state must manage these resources for the public’s benefit and sustainable use.

§ 3 – Water Resources

The state must ensure the protection, control, and development of water resources.

Water resources are to be used for the public good, balancing competing demands such as agriculture, industry, and residential use.

§ 4 – Conservation and Development Programs

The Legislature shall provide for:

The protection of native Hawaiian rights relating to natural resources.

The establishment of conservation programs to prevent resource depletion.

Encouraging the development of renewable resources.

§ 5 – Environmental Quality

The state must strive to maintain and improve environmental quality.

Laws may be enacted to regulate pollution and prevent environmental degradation.

Key Principles:

Sustainability: Protect resources to ensure they endure for future generations.

Public Trust: Resources like water and land are held in trust by the government for all people.

Native Rights: Recognizes and protects traditional rights of Native Hawaiians concerning natural resources.

Balanced Use: Promotes wise use balancing economic, environmental, and cultural needs.

Summary:

Hawaii’s Article XI enshrines a strong commitment to environmental conservation and sustainable resource management. It establishes a legal foundation for protecting vital natural assets, honoring native traditions, and ensuring the public benefits from Hawaii’s unique environment.

 

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