HCR45 SD1.DOC

WHEREAS, as part of a channel-dredging project pursuant to a permit issued in 1939 by the Army Corps of Engineers in Kaneohe Bay the subject state reclaimed land was developed; and

WHEREAS, the state reclaimed land is identified as Tax Map Key: (1) 4-4-21:54 and was set aside to the City and County of Honolulu under Governor's Executive Order No. 3410 for a park site, but the City and County of Honolulu never developed the park because there is no sandy beach in the area; and

WHEREAS, on October 8, 2004, under agenda Item D-13, the Board of Land and Natural Resources approved the sale of the state reclaimed land as three separate parcels to Robert A. and Gretchen M. Gould, Lewis L. Schreiner Trust and Mary Jane Schreiner Trust, and to the City and County of Honolulu for beach right-of-way purposes; and

WHEREAS, the three subject parcels of state reclaimed land are located seaward of the abutting landowners property; and

WHEREAS, Robert A. and Gretchen M. Gould's property, Tax Map Key: (1) 4-4-21:25, has a parcel seaward that is 212 square feet and appraised by Jan Medusky on October 8, 2004 for $2,800; and

WHEREAS, Lewis and Mary Jane Schreiner's property, Tax Map Key: (1) 4-4-21:19, has a parcel seaward that is 1,842 square feet and appraised by Jan Medusky on October 8, 2004 for $33,300; and

WHEREAS, the City and County of Honolulu's beach right-of-way, Tax Map Key: (1) 4-4-21:20, has a parcel seaward that is 345 square feet, on which the Department of Land and Natural Resources has not done an appraisal as required by section 171‑64.7, Hawaii Revised Statutes; and

WHEREAS, the Goulds, Schreiners, and the City and County of Honolulu plan to consolidate the reclaimed parcels with the abutting property through the county subdivision process, and there are no further development plans; and

WHEREAS, the Board of Land and Natural Resources approved the consideration of the subject conveyances to the Goulds and Schreiners for the appraised value and to the City and County of Honolulu at gratis; and

WHEREAS, the proposed at gratis sale of state reclaimed lands to the City and County of Honolulu will facilitate the maintenance of a beach right-of-way to the shoreline in perpetuity; and

WHEREAS, an informational briefing on the proposed sales of the subject parcels of state reclaimed land was held on November 30, 2009 at Windward Community College in Kaneohe, Oahu; and

WHEREAS, section 171-64.7, Hawaii Revised Statutes, requires the state department or agency proposing to sell or gift state lands to submit for introduction to the legislature a concurrent resolution for review of the proposed sale or gift of state lands; and

WHEREAS, a copy of the subject Concurrent Resolution was submitted by the Board of Land and Natural Resources to the Office of Hawaiian Affairs; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to sell the state reclaimed land fronting the properties identified as Tax Map Keys: (1) 4-4-21:25 and (1) 4-4-21:19 in Kaneohe, Koolaupoko, Oahu, to Robert A. and Gretchen M. Gould, and the Lewis L. Schreiner Trust and the Mary Jane Schreiner Trust, respectively, pursuant to section 171-64.7, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that the Board of Land and Natural Resources is hereby not authorized to sell at gratis the state reclaimed land fronting the property identified as Tax Map Key: (1) 4-4-21:20 in Kaneohe, Koolaupoko, Oahu to the City and County of Honolulu pursuant to section 171-64.7, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

Report Title:

Sale of State Reclaimed Lands at Kaneohe, Koolaupoko, Oahu

HOUSE OF REPRESENTATIVES	H.C.R. NO.	45
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII