STAND. COM. REP. NO. 1497

Honolulu, Hawaii

RE: S.C.R. No. 10

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.C.R. No. 10 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAALAWAI, HONOLULU, OAHU, FOR THE EXISTING SEAWALL, 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 authorize the Board of Land and Natural Resources to issue a term, non-exclusive easement covering a portion of state submerged lands fronting property located in Kaalawai, Honolulu, Oahu, for the maintenance and repair of the existing seawall, and for the use, repair, and maintenance of the existing improvements constructed thereon.

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

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 engage in the disposition of state submerged lands. The Board has identified portions of a seawall fronting the property identified as Tax Map Key: (1) 3-1-041:025, Kaalawai, Honolulu, Oahu, as encroaching upon state submerged lands.

Your Committee further finds that, on April 13, 2018, under agenda item D-7, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the seawall encroachment. Your Committee notes that the term of the easement shall run with the land and shall inure to the benefit of the abutting real property.

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. 10 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