STAND. COM. REP. NO. 1841

Honolulu, Hawaii

RE: S.C.R. No. 164

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.C.R. No. 164 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE AMENDMENT 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 grant legislative approval to amend an easement for a portion of state submerged lands located seaward of Spreckelsville, Wailuku, Maui.

Your Committee received written comments in support of this measure from the Department of Land and Natural Resources.

Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the Board of Land and Natural Resources to obtain authorization from the Legislature to dispose of state submerged lands. The Board has increased the area of a previously issued easement on the property identified as Tax Map Key: (2) 3‑8-002: seaward of 001, from 1,128 square feet, more or less, to 2,206 square feet, more or less, based on a finalized easement map. Your Committee further finds that this measure expresses the requisite legislative approval so that the existing easement may be amended to include this area. Your Committee notes that the grantee will be required to pay the State the fair market value of the easement as consideration for the use of public lands.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 164 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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DONOVAN M. DELA CRUZ, Chair