STAND. COM. REP. NO. 921

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 47

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Water and Land, to which was referred S.C.R. No. 47 entitled:

 

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAILUA, KOOLAUPOKO, OAHU, FOR THE 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 a term, non­exclusive easement for the portion of state submerged lands fronting the property identified as tax map key number:  (1) 4-3-005: seaward of 094, 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 pursuant to section 171-53, Hawaii Revised Statutes.

 

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

 

     Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources may lease state submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution.  Your Committee further finds that on June 4, 2004, under agenda item D-6, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachments of the seawall and boat ramp identified in this measure.  Since the issuance of the easement, a subsequent survey has shown the shoreline boundary to be further mauka, which resulted in an additional encroachment area of 328 square feet.  On May 27, 2016, under agenda item D-13, the Board of Land and Natural Resources authorized the amendment of the easement by incorporating the additional encroachment area subject to an additional payment of $33,584, based on the pro-rated value of the easement.  Your Committee concludes that the amendment to the easement is necessary 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.

 

     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. 47 and recommends that it be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Water and Land,

 

 

 

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KARL RHOADS, Chair