STAND. COM. REP. NO. 1432

Honolulu, Hawaii

RE:    S.C.R. No. 106

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 106 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS PURSUANT TO SECTION 171-53, HAWAII REVISED STATUTES, RELATING TO RECLAMATION AND DISPOSITION OF SUBMERGED OR RECLAIMED PUBLIC LAND,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to issue a nonexclusive easement covering a portion of state submerged lands, pursuant to section 171-53, Hawaii Revised Statutes.

     Your Committee finds that the seaward boundary of the subject property fronts the ocean and includes a pier that encroaches into state-owned submerged lands.  The owners of the property seek a fifty-five-year nonexclusive easement to use, maintain, repair, replace, and remove the existing pier, in consideration for a one-time payment to be determined by independent or staff appraisal establishing a fair market rent.  Your Committee also finds that this measure satisfies the requirements of section 171-53, Hawaii Revised Statutes, which requires legislative approval by concurrent resolution prior to the leasing of state submerged lands.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 106 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair