STAND. COM. REP. NO. 2939

Honolulu, Hawaii

RE: S.C.R. No. 2

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. 2 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIANAE, OAHU, FOR THE EXISTING SEAWALL, STEPS, AND LANDSCAPED AREA 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 Waianae, Oahu by the Board of Land and Natural Resources for the existing seawall, steps, and landscaped area 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 and six individuals. Your Committee received testimony in opposition to this measure from Ho‘omanapono Political Action Committee.

Your Committee finds that an existing seawall, steps, and landscaped area identified as Tax Map Key: (1) 8-7-023: seaward of 044, Waianae, Oahu, are placed on state submerged lands. In December 2016, the owner of the abutting property worked with the Department of Land and Natural Resources to resolve the encroachment, and the Department 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 to resolve the encroachment. The term, non-exclusive easement will cover about 391 square feet, and the current owner is expected to pay the State the fair market value of the easement as consideration for the use of public lands. The amount of consideration will be determined by an independent appraiser. 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.

Your Committee has amended this measure by inserting language stating that during the Department of Land and Natural Resources' review process, the Department of Planning and Permitting of the City and County of Honolulu requested that the current owner of the abutting property remove wooden and chain link fences from atop the seawall, which the owner has reported have been removed.

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. 2, 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. 2, S.D. 1.

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

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KARL RHOADS, Chair