STAND. COM. REP. NO. 2561

Honolulu, Hawaii

RE: S.C.R. No. 19

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 19 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAHALA, HONOLULU, OAHU, FOR THE SEAWALL AND STEPS, AND FOR 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 provide legislative authorization for the issuance of a term, non‑exclusive easement covering a portion of state submerged lands at Kahala, Honolulu, Oahu by the Board of Land and Natural Resources for the existing seawall and steps, and for 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. Your Committee received testimony in opposition to this measure from Ho‘omanapono Political Action Committee.

Your Committee finds that portions of an existing seawall and steps fronting the property identified as Tax Map Key: (1) 3-5-001: seaward of 004, Kahala, Honolulu, Oahu, are placed on state submerged lands. A previous owner of the abutting property worked with the Department of Land and Natural Resources to resolve the encroachment problem in 2009, and the Department subsequently approved a grant of a fifty-five-year term, non-exclusive easement to run with the land and to inure to the benefit of the abutting property. The term, non-exclusive easement covered 773 square feet and was appraised in 2010 at a fair market value of $83,020.

Your Committee further finds that a subsequent survey indicated the shoreline to be further mauka, which resulted in an additional encroachment area of 191 square feet. Thus, the Board of Land and Natural Resources approved to amend the term, non‑exclusive easement granted in 2009 to incorporate the additional encroachment area subject to the payment of additional consideration of $20,513, which was based on the prorated value of the easement. Since the Board of Land and Natural Resources has met all statutory prerequisites, this measure authorizes the amendment of a term, non-exclusive easement in accordance with section 171-53, Hawaii Revised Statutes.

Accordingly, your Committee has amended this measure by:

(1) Amending its title to reflect that the purpose of this measure is to authorize the amendment, rather than the issuance, of a term, non-exclusive easement; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 19, 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. 19, S.D. 1.

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

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KARL RHOADS, Chair