STAND. COM. REP. NO. 1712

Honolulu, Hawaii

RE:    H.C.R. No. 97

       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. 97, S.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT, COVERING A PORTION OF STATE SUBMERGED AND RECLAIMED (FILLED) LANDS AT KUAU, MAKAWAO, PAIA, MAUI, FOR MAINTENANCE AND REPAIRS OF THE EXISTING ROCK WALLS, REVETMENTS, STAIRWAY, AND LAWN OVER, UNDER, AND ACROSS STATE-OWNED LAND,"

begs leave to report as follows:

The purpose and intent of this measure is to authorize the issuance of an easement for state submerged and reclaimed (filled) lands.

Specifically, this measure authorizes the Board of Land and Natural Resources to issue a term, non-exclusive easement covering a portion of state submerged and reclaimed (filled) lands fronting property located in Kuau, Makawao, Paia, Maui, for the maintenance and repair of the existing rock walls, the revetments, a stairway, and the lawn.

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 and reclaimed lands.  The Board has identified portions of a wall and other improvements identified as Tax Map Key: (2) 2-6-012: seaward of 026, as encroaching upon state submerged and reclaimed (filled) lands.  Your Committee further finds that the Board of Land and Natural Resources approved a grant of a term, non-exclusive easement for the maintenance and repair of the encroachments.  Your Committee further finds that this measure expresses the requisite legislative approval so that an easement may be issued for the use of those state submerged and reclaimed lands.

     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. 97, 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