STAND. COM. REP. NO. 3326

Honolulu, Hawaii

RE: S.C.R. No. 45

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. 45 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT PUAMANA, LAHAINA, MAUI, FOR VARIOUS SEAWALL STRUCTURES, A CONCRETE GROIN, AND REVETMENT FOOTINGS OF A HISTORIC SWIMMING POOL,"

begs leave to report as follows:

The purpose and intent of this measure is to provide legislative authorization for the issuance of a non-exclusive easement covering a portion of state submerged lands at Puamana, Lahaina, Maui, by the Board of Land and Natural Resources for various seawall structures, a concrete groin, and revetment footings of a historic swimming pool.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Puamana Community Association. Your Committee received testimony in opposition to this measure from three individuals.

Your Committee finds that various encroachments fronting the property identified as Tax Map Key: (2) 4-6-028:001, Puamana, Lahaina, Maui, are placed on state submerged lands. The owner of the property obtained a fully executed grant of a term, non-exclusive easement, dated March 3, 2014, for a total of five shoreline encroachments for the seawall structures, the concrete groin, and the revetment footings of the historic swimming pool, which, at that time, had an area of 1,895 square feet.

Your Committee further finds that subsequent to issuance of the term, non-exclusive easement, the shoreline moved further mauka and increased the amount of structures located on state submerged lands. Thus, the Board of Land and Natural Resources approved an amendment of the term, non-exclusive easement granted in 2014 to incorporate the additional encroachment area of 3,470 square feet, resulting in a combined easement area of 5,365 square feet. The owner will pay the State the fair market value of the easement as consideration of the use of public lands to be determined by an independent appraisal. Since the Board of Land and Natural Resources has met all relevant statutory prerequisites, this measure authorizes the issuance of a term, non-exclusive easement, as amended, in accordance with section 171-53, Hawaii Revised Statutes.

Your Committee has amended this measure by:

(1) Amending its title and making another conforming amendment to reflect that the term, non-exclusive easement has been amended by the Board of Land and Natural Resources;

(2) Inserting language that the combined square footage of the term, non-exclusive easement has been reviewed and approved by the Department of Accounting and General Services' Survey Division; and

(3) Making a technical, nonsubstantive amendment 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. 45, 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. 45, S.D. 1.

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

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KARL RHOADS, Chair