STAND. COM. REP. NO. 1508

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 Ways and Means, to which was referred S.C.R. No. 15, S.D. 1, 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 Board of Land and Natural Resources to issue a term, non-exclusive easement covering a certain portion of state submerged lands located in Lahaina, 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 prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for the disposition of state submerged lands.

Your Committee also finds that portions of the existing walkway fronting the property identified as Tax Map Keys: (2) 4-3-002:026, 027, & 028, Napili 2 and 3, Lahaina, Maui, are located on state submerged lands. Your Committee further finds that, on June 28, 2019, under agenda item D-7, the Board of Land and Natural Resources approved a grant of a term, non-exclusive easement to resolve the walkway encroachment. 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.

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. 15, S.D. 1, 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