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Executive Order 10833 Constitutional Neutral (+0.02)

Executive Order 10833—Transferring Title to Certain Lands at Sand Island, Territory of Hawaii, to the Territory of Hawaii

Dwight D. Eisenhower Dwight D. Eisenhower
•
Thursday, August 20, 1959
•
5 min read (1,097 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Dwight D. Eisenhower on 1959-08-20, establishes federal administrative policy concerning "Transferring Title to Certain Lands at Sand Island, Territory of Hawaii, to the Territory of Hawaii." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ 3358 of November 24, 1920, together with the improvements located thereon, is hereby transferred to the Territory of Hawaii.
▪ Until such relocation is completed, there are hereby reserved to the United States all such portions of the land hereinabove described as are needed for the full enjoyment of such facilities.
▪ Any lands transferred by this order which are now reserved or set aside under any Presidential Executive order, or which are under the jurisdiction and control of the United States Government are hereby withdrawn from the application of any such orders or from such jurisdiction and control.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
Total Words
1,097
6,882 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
17.6
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 10833, Dwight D. Eisenhower (Aug 20, 1959). Available at https://executiveordersarchive.org/orders/app-executive-order-10833-transferring-title-certain-lands-sand-island-territory-hawaii-the.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
WHEREAS the act of August 25, 1958 (72 Stat. 850), authorizes the President of the United States, when he determines that land comprising any portion or portions of Sand Island Military Reservation and the Navy Harbor Entrance Control Post, Honolulu, Territory of Hawaii, including submerged lands therein, not to exceed in the aggregate 202 acres, is no longer required or is not required for military purposes, to transfer to the Territory of Hawaii, by Executive Order, all the right, title and interest of the United States in said land, together with the improvements thereon, and to grant nonexclusive easements over other land comprised within the Sand Island Military Reservation and the Navy Harbor Entrance Control Post in favor of the Territory of Hawaii which he shall deem necessary for the proper enjoyment of the premises transferred; and WHEREAS the hereinafter-described land is not required for military purposes; NOW, THEREFORE, by virtue of the authority vested in me by the above-mentioned act of August 25, 1958, it is ordered as follows: 1. Subject to the terms, conditions, and reservations hereinafter set forth, title to the following-described tract of land at Sand Island, City and County of Honolulu, Territory of Hawaii, being portions of the Sand Island Military Reservation and the Navy Harbor Entrance Control Post as at present constituted, and being also portions of the land described in section 203 of the Public Buildings Act of 1949 (63 Stat. 177), in paragraph (b) of Presidential Executive Order No. 6584 of February 6, 1934, and as Tract 1 in Presidential Executive Order No. 3358 of November 24, 1920, together with the improvements located thereon, is hereby transferred to the Territory of Hawaii. Beginning at the west corner of this tract of land, on the southeasterly boundary of Honolulu International Airport (Governor's Executive Order 1016, dated April 12, 1943), and on the northwesterly boundary of the City and County of Honolulu's Sewage Treatment Plant (Governor's Executive Order 1188, dated February 5, 1947), the coordinates of said point of beginning referred to Government Survey Triangulation Station "United States Engineer, North Base" being 798.43 feet North and 4368.19 feet West, as shown on Government Survey Registered Map 4100, thence running by azimuths measured clockwise from true South: 1. 195°55' 1767.17 feet along Honolulu International Airport (Governor's Executive Order 1016); 2. 216°40' 174.27 feet along Honolulu International Airport (Governor's Executive Order 1016); 3. 302°28'30" 4233.08 feet along the remainder of Sand Island Military Reservation (being the remainders of Tract 1 of Presidential Executive Order 3358, the land described in Public Law 105, Chapter 218, 81st Congress, 1st Session, Section 203, and Tract "b" of Presidential Executive Order 6584); 4. Thence along the remainder of Sand Island Military Reservation (Remainder of Tract 1 of Presidential Executive Order 3358), on a curve to the right, with a radius of 425.00 feet, the chord azimuth and distance being: 316°44'15" 209.41 feet to a pipe in concrete, the true azimuth and distance from said pipe in concrete to Government Survey Triangulation Station "United States Engineer, North Base" being: 343°00'50" 221.95 feet; 5. 331°00' 1180.52 feet along the remainder of Sand Island Military Reservation (Remainder of Tract 1 of Presidential Executive Order 3358); 6. 26°55'40" 204.12 feet along the remainder of Sand Island Military Reservation (Remainder of Tract 1 of Presidential Executive Order 3358), along Department of Navy Parcel under Department of Army Permit Control Symbol 132-36, dated December 8, 1958, to a spike in concrete fence footing; 7. 26°55'40" 775.96 feet along the remainder of Sand Island Military Reservation (Remainder of Tract 1 of Presidential Executive Order 3358), to the seaward face of seawall; 8. 115°36' 1231.72 feet along seaward face of sea wall along highwater mark; 9. 122°02'05" 3153.90 feet along the remainder of Sand Island Military Reservation (Remainder of Tract 1 of Presidential Executive Order 3358); 10. 154°00'10" 292.52 feet along the City and County of Honolulu's Sewage Treatment Plant (Governor's Executive Order 1188); 11. 104°42'40" 382.57 feet along the City and County of Honolulu's Sewage Treatment Plant (Governor's Executive Order 1188); 12. 64°00'10" 165.91 feet along the City and County of Honolulu's Sewage Treatment Plant (Governor's Executive Order 1188) to the point of beginning and containing an AREA OF 202.00 ACRES. 2. The transfer of the above-described land shall be subject to the following reservations, terms, and conditions: (a) A reservation of easements and improvements appurtenant thereto, in favor of the United States of America for all existing utilities over, under, and across the above-described tract of land appurtenant to the remaining lands owned by the United States of America, subject, however, to future relocation and removal of any and all such existing utilities to a more convenient or practical location by the Territory of Hawaii at its own cost, and provided that upon abandonment of any or all of such existing utilities, the easements reserved herein in favor of the United States of America shall thereby terminate and be of no further force or effect with respect to those utilities which have been abandoned. (b) Pursuant to the terms of the act of August 25, 1958, the Territory of Hawaii shall relocate or procure the relocation on Sand Island of the Navy tower and other facilities appurtenant thereto on the southern shore of Sand Island. Until such relocation is completed, there are hereby reserved to the United States all such portions of the land hereinabove described as are needed for the full enjoyment of such facilities. (c) The land transferred by this order to the Territory of Hawaii shall be subject to all the laws, rules and regulations with respect to airport zoning which are now, or may hereafter be, in effect. (d) The Territory of Hawaii shall provide such rights of access and utility easements as are necessary to serve those portions of land retained by the United States on Sand Island. (e) The sale, lease, or other disposition of the lands transferred by this order shall be subject to the provisions of the act of August 25, 1958, with respect to the sale, lease, or other disposition of such lands. (f) The land transferred by this order shall be subject to such other provisions as are contained in the act of August 25, 1958. 3. Any lands transferred by this order which are now reserved or set aside under any Presidential Executive order, or which are under the jurisdiction and control of the United States Government are hereby withdrawn from the application of any such orders or from such jurisdiction and control. DWIGHT D. EISENHOWER THE WHITE HOUSE, August 20, 1959.