HOUSE OF REPRESENTATIVES

H.C.R. NO.

13

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

AUTHORIZING THE ISSUANCE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, OAHU, HAWAII, FOR MAINTENANCE OF BREAKWATER PURPOSES.

 

WHEREAS, a breakwater, consisting of 197 square feet, was recently found encroaching onto state submerged lands at Kaneohe, Koolaupoko, Oahu, Hawaii, seaward of Tax Map Key: (1) 4-5-58:29; and

WHEREAS, the Department of Land and Natural Resources (Department) determined that the breakwater was built by a previous owner without authorization as no government permits or approvals for the breakwater construction could be located; and

WHEREAS, Dr. Richard K.S. Pang (Dr. Pang), Trustee of the Richard K.S. Pang Revocable Trust dated July 15, 1993, currently owns the abutting property identified as Tax Map Key: (1) 4-5-58:29; and

WHEREAS, the Department determined that the breakwater is located in a mudflat and is inaccessible to the public and therefore would have no adverse impact on beach, visual, and recreational resources in the area; and

WHEREAS, on October 26, 2001, under agenda item D-8, the Board of Land and Natural Resources (Board) approved Conservation District Use Permit OA-3052B to Dr. Pang for the breakwater; and

WHEREAS, Dr. Pang submitted a request to the Department for an easement to maintain the breakwater; and

WHEREAS, on July 26, 2002, under agenda item D-2, the Board approved the direct issuance of a term, non-exclusive easement to Dr. Pang for the use of submerged public lands to maintain the breakwater, 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 to lease submerged public lands; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to lease a term, non-exclusive easement covering a portion of state submerged lands at Kaneohe, Koolaupoko, Oahu, Hawaii, for maintenance of breakwater 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:

_____________________________

BY REQUEST

Report Title:

Submerged Lands at Kaneohe, Koolaupoko, Oahu, Hawaii; Breakwater