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THE SENATE |
S.C.R. NO. |
40 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING a PORTION OF STATE SUBMERGED LANDS AT KAPAHULU, HONOLULU, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND STEPS.
WHEREAS, the existing subject seawall and steps were portions of the Old Diamond Head Road; and
WHEREAS, in 1959, various owners of the properties abutting the road claimed ownership of such road and received rulings from the Land Court in their favor; and
WHEREAS, the State appealed the decision pertaining to the subject portion of the road, and the Hawaii Supreme Court ruled that the State owns the subject portion of the road; and
WHEREAS, the owner of the abutting parcel approached the Department of Land and Natural Resources (Department) with an application to purchase the subject portion of the road; and
WHEREAS, on December 9, 2011, under agenda item D-18, the Board of Land and Natural Resources approved the sale of the subject portion of the road to the abutting owner; and
WHEREAS, during the survey of the actual remnant area under the proposed sale, portions of the seawall and steps were considered to be on 125 square feet of submerged lands; and
WHEREAS, on July 13, 2012, under agenda item D-10, the Board of Land and Natural Resources approved the issuance of a perpetual, non-exclusive easement; and
WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a perpetual, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 3-1-038:seaward of 042, Kapahulu, Honolulu, Oahu, for use, maintenance, and repair of the existing seawall and steps, and for use, repair, and maintenance of the existing improvements constructed thereon pursuant to section 171-53, 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.
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OFFERED BY: |
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Perpetual Easement; Submerged Lands