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.