Report Title:

[Click here and type the Report Title (1 line limit)]

THE SENATE

S.C.R. NO.

4

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

AUTHORIZING THE SALE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT LAHAINA, MAUI, HAWAII, FOR CONCRETE PIER AND DECK PURPOSES.

 

 

WHEREAS, Patrick J. Ballenger and Mariana Van Blom, applicants, requested after-the-fact approvals and permits for an encroachment onto and over state submerged lands immediately offshore Front Street at Lahaina, Maui; and

WHEREAS, the encroachment consists of a wooden, three-level deck supported by concrete pilings extending approximately forty feet seaward from the applicants' property boundary and has been in place since the 1920's or 1930's when the original structure was built; and

WHEREAS, the structure is currently used commercially for the Lahaina Fish Company Restaurant; and

WHEREAS, a public hearing was held on February 9, 1989, in Kahului, Maui for a conservation district use permit (CDUA); and

WHEREAS, on April 28, 1989 under agenda item H-7, the Board of Land and Natural Resources (Board) approved the applicant's CDUA for the use of an existing restaurant deck supported by concrete piers on and over submerged state lands, makai of the applicants' property, subject to the payment of a fine and other terms and conditions; and

WHEREAS, on October 27, 1989, under agenda item F-12, the Board authorized the direct sale of a term, non-exclusive easement for the use of state submerged lands, subject to certain terms and conditions; and

WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, before submerged public lands may be leased; and

WHEREAS, in order to issue the easement document, all appropriate authorizations are required; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2001, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to sell an easement covering a portion of submerged lands at Lahaina, Maui, for concrete pier and deck purposes pursuant to section 171-53, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

 

OFFERED BY:

_____________________________