Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.C.R. No. 13 entitled:

begs leave to report as follows:

The purpose of this House Concurrent Resolution is to authorize the Board of Land and Natural Resources to sell an easement covering a portion of submerged lands at Lahaina, Maui as required under section 171-53, Hawaii Revised Statutes.

In 1988, Patrick J. Ballenger and Mariana Von Blom, requested an after-the-fact approval for a concrete pier and deck which encroached over State submerged lands at Lahaina.

In 1989, the Board of Land and Natural Resources approved both a Conservation District Use Application and the issuance of a term, non-exclusive easement for the State submerged lands.

The Board of Land and Natural Resources testified in support of this measure while the Office of Hawaiian Affairs offered written testimony in opposition to this resolution.

The unamended passage of this concurrent resolution indicates your committee's approval of the sale. (The department will subsequently provide information relative to retroactive payments.)

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 13 and recommends that it be referred to the Committee on Finance.