STAND. COM. REP. NO. 2859

Honolulu, Hawaii

RE:    S.C.R. No. 16

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Water and Land, to which was referred S.C.R. No. 16 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT HEEIA, KOOLAUPOKO, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING PIER, AND FOR USE, MAINTENANCE, AND REPAIR OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the issuance of a term, non-exclusive easement covering a portion of state submerged lands at Heeia, Koolaupoko, Oahu, for the maintenance and repair of the existing pier, and for use, maintenance, and repair of the existing improvements constructed thereon.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.

     Your Committee finds that around 2012, the Department of Land and Natural Resources worked with the owners, Bernice Bailey, Frederick Bailey, Jr., and Susan Koehler, to resolve the encroachment of a pier on state submerged lands fronting the property identified as Tax Map Key:  (1) 4-6-001: seaward of 014, at Heeia, Koolaupoko, Oahu.  On September 10, 2012, the Department's Office of Conservation and Coastal Lands determined the non-conforming status of the existing pier in view of the evidence shown on the aerial photo dated 1949.  At its meeting of December 14, 2012, under agenda item D-13, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachment.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 16 and recommends that it be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

____________________________

MALAMA SOLOMON, Chair