STAND. COM. REP. NO. 3260

Honolulu, Hawaii

RE:    S.C.R. No. 7

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 7 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA (KIHEI), WAILUKU, MAUI, HAWAII, FOR THE USE, MAINTENANCE, AND REPAIR OF THE EXISTING SEAWALL CONSTRUCTED THEREON,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to formalize a previously approved term, non-exclusive easement covering a portion of state submerged lands fronting Apartments A and B of the 1688 Halama Street Condominium, also identified as Tax Map Key: (2) 3-9-11:8, and seaward, situated at Waiohuli-Keokea (Kihei), Wailuku, Maui, Hawaii, for the use, maintenance, and repair of the existing seawall constructed thereon.

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

     Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for this disposition of state submerged lands.

     Your Committee also finds that an existing seawall fronting the property identified as Tax Map Key: (2) 3-9-11:8, and seaward, situated at Waiohuli-Keokea (Kihei), Wailuku, Maui was placed partially on state submerged lands.  At its meeting on August 10, 1990, the Board of Land and Natural Resources granted the previous owners of the property that the seawall fronts a perpetual easement permitting the use, repair, and maintenance of this seawall.

     Your Committee further finds that despite administrative approval and the payment of necessary fees, the formal easement document, for reasons unknown, was not finalized.  Ownership of the property has changed hands since initial approval of the easement.  At its meeting on May 8, 2015, the Board of Land and Natural Resources approved the request of the current owners of the property, the Association of Apartment Owners of the 1688 Halama Street Condominium, for a term, non-exclusive easement for a term of sixty-five years, commencing August 10, 1990.

     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. 7 and recommends its adoption.

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

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JILL N. TOKUDA, Chair