STAND. COM. REP. NO. 2864

Honolulu, Hawaii

RE:    S.C.R. No. 21

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. 21 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT KUALOA, KOOLAUPOKO, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND STEPS, 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 Kualoa, Koolaupoko, Oahu, for the maintenance and repair of the existing seawall and steps, 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 on July 20, 2012, the Department of Land and Natural Resources, Office of Conservation and Coastal Lands believed the owners should be offered an opportunity for the Board of Land and Natural Resources to consider a request for an easement to resolve the encroachments of a seawall and steps on state submerged lands fronting the property identified as Tax Map Key: (1) 4-9-009: seaward of 005, Kualoa, Koolaupoko, Oahu.  Around 2013, the Department worked with the owner, Minatoya Real Estate, LLC, to resolve the encroachments.  At its meeting of January 11, 2013, under agenda item D-11, the Board approved a grant of a 55-year non-exclusive easement to resolve the encroachments.

     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. 21 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