STAND. COM. REP. NO. 1181

Honolulu, Hawaii

RE:    S.R. No. 71

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Water and Land, to which was referred S.R. No. 71 entitled:

"SENATE 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 authorize the Board of Land and Natural Resources to issue a non-exclusive easement for a fifty-five year term covering that portion of state submerged lands located in Makaha, Waianae, Oahu, for purposes of renovation and construction of a seawall, subject to limitations and conditions to be determined by the Board of Land and Natural Resources.

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

     The seaward boundary of the property fronts the ocean, and a seawall straddles the seaward boundary of the property and submerged public land, which is state-owned and identified by tax map key number (1) 8-4-005:002 seaward of parcel 2.

     A portion of the seawall encroaches into the state-owned submerged land.  The area of the seawall comprises approximately one hundred thirty-one square feet and comprises a portion of the state-owned submerged land.  The character of use of the easement is the right, privilege, and authority to use, maintain, repair, replace, and remove the seawall over, under, and across state-owned land.

     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.R. No. 71 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,

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MALAMA SOLOMON, Chair