STAND. COM. REP. NO. 3331

Honolulu, Hawaii

RE: S.C.R. No. 80

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. 80 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT SPRECKELSVILLE, WAILUKU, MAUI, FOR THE EXISTING SEAWALL AND BOULDER REVETMENT 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 Spreckelsville, Wailuku, Maui, by the Board of Land and Natural Resources for the existing seawall and boulder revetment 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 finds that an existing seawall and boulder revetment fronting the property identified as Tax Map Key: (2) 3‑8-002:seaward of 001, Spreckelsville, Wailuku, Maui, are placed on state submerged lands. The current owner of the abutting property worked with the Department of Land and Natural Resources to resolve the encroachment problems, and the Department subsequently approved a grant of a fifty-five year term, non-exclusive easement on September 22, 2017, and imposed a fine of $500 against the grantee for the illegal encroachment.

Your Committee further finds that the encroachment area is about 1,128 square feet, which is subject to review and approval by the Department of Accounting and General Services' Survey Division. The abutting property owner is required to pay the State the fair market value of the easement as consideration for the use of public lands, and the amount of the consideration shall be determined by an independent appraiser. Since the Board of Land and Natural Resources has met all statutory prerequisites, this measure authorizes the issuance of a term, non-exclusive easement in accordance with section 171-53, Hawaii Revised Statutes.

Your Committee has amended this measure by:

(1) Inserting language regarding a $500 fine imposed by the Board of Land and Natural Resources against the current abutting property owner for the illegal encroachment;

(2) Inserting language that the subject area of the term, non-exclusive easement is subject to review and approval by the Department of Accounting and General Services' Survey Division;

(3) Inserting language that the grantee shall pay the State the fair market value of the term, non-exclusive easement as consideration of the use of public lands to be determined by an independent appraiser; and

(4) 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. 80, 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. 80, S.D. 1.

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

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KARL RHOADS, Chair