STAND. COM. REP. NO.529-02
RE: H.C.R. No. 21
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Water and Land Use, to which was referred H.C.R. No. 21 entitled:
"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT MAUNALUA, HONOLULU, OAHU, FOR MAINTENANCE OF BREAKWATER PURPOSES,"
begs leave to report as follows:
The purpose of this resolution is to seek prior approval of the Legislature authorizing the lease of easement covering portion of submerged lands at Maunalua, Honolulu, Oahu, for maintenance of breakwater purposes.
The Department of Land and Natural Resources testified in support of this resolution.
You Committee finds that in the 1960's, Mr. Henry J. Kaiser constructed a private marina on fast and submerged lands in Hawaii Kai. The marina included, among other things, a breakwater and dredged channel on State owned submerged lands.
In March 2000, the Kaiser property was sold to Evershine VIII, a limited partnership. Because the breakwater was deteriorated, Evershine submitted a request to the Department to repair the breakwater and dredge the harbor and channel.
Discussions between the Department and Evershine on the issues of long-term maintenance and liability were held. The Department of the Attorney General determined that Evershine could not repair or use the breakwater without the State's permission, and an agreement was reached to issue a non-exclusive easement to Evershine for the repair of the breakwater. The easement document would also require Evershine to indemnify the State.
On November 16, 2001, the Board of Land and Natural Resources approved the issuance of a term, non-conclusive use of State submerged lands for the repair and maintenance of the breakwater as required under section 171-53, HRS.
As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 21 and recommends that it be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Water and Land Use,
EZRA KANOHO, Chair