STAND. COM. REP. NO. 3044

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 124

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Water, Land, and Housing, to which was referred S.C.R. No. 124 entitled:

 

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT, COVERING A PORTION OF STATE SUBMERGED LANDS AT MAHINAHINA, LAHAINA, MAUI, FOR RUBBLE ROCK REVETMENT PURPOSES,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to request the authorization to issue a fifty-five year term, non-exclusive easement comprising approximately 5,597 square feet of submerged lands identified as tax map key:  (2) 4-3-006:065, situated at Mahinahina, Lahaina on the island of Maui for work on a rubble rock revetment.

 

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and three individuals.

 

     Your Committee finds that in 1975, the Board of Land and Natural Resources approved the issuance of a month-to-month Revocable Permit No. S-5117 to the Association of Apartment Owners of Lokelani for the revetment.  However, the Board then determined that a non-exclusive term easement would be more appropriate.  Accordingly, on October 24, 2010, the revocable permit was cancelled and the Board approved the issuance of a fifty-five year term non-exclusive easement, under which the lessee pays the State the fair market value of the easement as determined by an independent appraisal.

 

     As required by section 171-53, Hawaii Revised Statutes, the Board may lease submerged lands with prior approval of the Governor and authorization of the Legislature by concurrent resolution.

 

     Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, and Housing that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 124, as amended herein, and recommends that it be referred to the Committee on Ways and Means, in the form attached hereto as S.C.R. No. 124, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Housing,

 

 

 

____________________________

DONOVAN M. DELA CRUZ, Chair