STAND. COM. REP. NO. 1708

Honolulu, Hawaii

RE:    H.C.R. No. 26

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.C.R. No. 26, S.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAILUA, KOOLAUPOKO, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND BOAT RAMP, AND FOR THE USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the amendment of an easement for a portion of state submerged lands.

     Specifically, this measure authorizes the Board of Land and Natural Resources to amend a term, non-exclusive easement covering a portion of state submerged lands fronting property in Kailua, Koolaupoko, Oahu, for the maintenance and repair of the existing seawall and boat ramp, and for the use, repair, and maintenance of the existing improvements 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 Board of Land and Natural Resources to obtain authorization from the Legislature to engage in disposition of state submerged lands.  The Board has determined the shoreline boundary of a previously issued easement on the property identified as Tax Map Key:  (1) 4-3-005: seaward of 094, to be further mauka, which has resulted in an additional encroachment area of three hundred twenty-eight square feet.  Your Committee further finds that this measure expresses the requisite legislative approval so that the existing easement may be amended to include this additional encroachment.

     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 H.C.R. No. 26, S.D. 1, and recommends its adoption.

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

________________________________

JILL N. TOKUDA, Chair