STAND. COM. REP. NO. 3510

Honolulu, Hawaii

RE: S.C.R. No. 3

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.C.R. No. 3, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ADDITION OF A PORTION OF STATE SUBMERGED LANDS TO A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE RECLAIMED LANDS AT WAILUPE, 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 expand an easement for state submerged lands.

Specifically, this measure authorizes the Board of Land and Natural Resources to add a portion of state submerged lands to a term, non-exclusive easement covering a portion of state submerged lands fronting property located in Wailupe, Honolulu, Oahu, for the maintenance and repair of the existing seawall, and for the use, repair, and maintenance of the existing improvements.

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 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) 3-6-003:015, as encroaching upon state submerged lands, but not resolved by the existing easement that resolves other portions of that seawall. The grantees of the abutting property have worked with the Department of Land and Natural Resources to increase the area of the easement, including the payment of $1,240. Your Committee further finds that this measure expresses the requisite legislative approval so that the additional portion of the encroaching seawall may be added to the easement for the use of those state submerged 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. 3, 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