STAND. COM. REP. NO. 3228

Honolulu, Hawaii

RE:    S.C.R. No. 19

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 19 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT KAHALUU, KOOLAUPOKO, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING LANDSCAPING AREA, CONCRETE WALL, AND FOOTING, 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 an easement for state submerged lands at Kahaluu, Koolaupoko, Oahu for the maintenance and repair of an existing landscaped area, concrete wall, and footing, and for the use, maintenance, and repair of the existing improvements constructed thereon.

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

     The existing landscaping area, concrete wall, and footing were placed on state submerged lands fronting the property identified as Tax Map Key: (1) 4-7-019: seaward of 078, Kahaluu, Koolaupoko, Oahu, and predated the establishment of the Conservation District.  Your Committee finds that, around 2012, the Department of Land and Natural Resources worked with owners of the abutting property to resolve the encroachment.  Your Committee further finds that the landscaping area, concrete wall, and footing were found to be encroaching on state lands located makai of the shoreline, and this area should be considered as submerged lands.  Your Committee finds that on December 14, 2012, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachment.

Section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for the disposition of state submerged lands.  Accordingly, your Committee finds that this concurrent resolution is in compliance with the statutory requirements.

     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. 19 and recommends its adoption.

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

____________________________

DAVID Y. IGE, Chair