STAND. COM. REP. NO. 2225

Honolulu, Hawaii

RE: H.C.R. No. 6

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Water and Land and Ways and Means, to which was referred H.C.R. No. 6 entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KUKUIULA, KOLOA, KONA, KAUAI, FOR A SEAWALL AND STEPS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

beg leave to report as follows:

The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (4) 2-6-11: 019, Kukuiula, Koloa, Kona, Kauai, for a seawall and steps, and for use, repair, and maintenance of the existing improvements constructed thereon pursuant to section 171‑53, Hawaii Revised Statutes.

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

Your Committees find that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources may lease state submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution. Your Committees further find that on September 23, 2016, under agenda item D-1, the Board of Land and Natural Resources approved the grant of a fifty-five-year term, non‑exclusive easement to resolve the encroachment of the existing seawall and steps in the area identified in this measure. Your Committees note that the grantee will be required to pay the State the appraised fair market value of $7,820. Your Committees conclude that the easement is necessary for the maintenance and repair of the existing seawall and steps, and for the use, repair, and maintenance of the existing improvements thereon.

As affirmed by the records of votes of the members of your Committees on Water and Land and Ways and Means that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 6, and recommend its adoption.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KAIALI'I KAHELE, Chair