STAND. COM. REP. NO. 1194

Honolulu, Hawaii

RE:    S.C.R. No. 74

       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 Water and Land, to which was referred S.C.R. No. 74 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT LAHAINA, MAUI, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING CONCRETE SEAWALL, 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 issuance of a term, non-exclusive easement for the portion of state submerged lands fronting the property identified as tax map key:  (2) 4-6-003:  seaward of 007, Lahaina, Maui, for the maintenance and repair of the existing concrete seawall, and for the use, repair, and maintenance of the existing improvements constructed thereon.

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

     Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources may lease 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 October 14, 2016, under agenda item D-9, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachments of the concrete seawall identified in this measure.  Your Committee notes that the grantees are required to pay the State the fair market value of the easement to be determined by an independent appraisal, which has not yet been completed.  Your Committee concludes that the easement is necessary for the maintenance and repair of the existing concrete seawall, and for the use, repair, and maintenance of the existing improvements thereon.

     Your Committee has amended this measure by identifying the property owner as Campbell Family Trust pursuant to testimony received from the Department of Land and Natural Resources.

     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. 74, as amended herein, and recommends that it be referred to your Committee on Ways and Means, in the form attached hereto as S.C.R. No. 74, S.D. 1.

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

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KARL RHOADS, Chair