STAND. COM. REP. NO. 1053

Honolulu, Hawaii

RE: S.C.R. No. 15

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 15 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT NAPILI 2 AND 3, LAHAINA, MAUI, FOR THE EXISTING WALKWAY, 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 issuance of a term, non-exclusive easement for the portion of state submerged lands fronting the property identified as Tax Map Keys: (2) 4‑3‑002:026, 027, and 028, Napili 2 and 3, Lahaina, Maui, for portions of the existing walkway, and for the use, repair, and maintenance of existing improvements constructed thereon, pursuant to section 171-53, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Napili Kai Beach Resort.

Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources may lease submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution.  Your Committee further finds that in its meeting on June 28, 2019, under agenda item D-7, the Board of Land and Natural Resources, subject to conditions, approved a grant of a term, non-exclusive easement to resolve the one hundred forty-two square foot encroachment of the existing walkway.  Your Committee notes that the term of this easement is to run with the land and inure to the benefit of the abutting real property and to be coterminous with the term of the Grant of Non-Exclusive Easement No. S-5998, dated October 25, 2010.  Your Committee concludes that the easement is necessary for the use, repair, and maintenance of the existing walkway.

Your Committee has amended this measure by 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. 15, 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. 15, S.D. 1.

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

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LORRAINE R. INOUYE, Chair