HOUSE OF REPRESENTATIVES

H.C.R. NO.

37

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

Authorizing the issuance of a perpetual, nonexclusive easement covering a portion of state submerged lands located in Kapahulu, Honolulu, oahu, for the use, maintenance, and repair of an existing seawall and steps.

 

 

 


     WHEREAS, in 1959, various owners of the properties abutting Old Diamond Head Road claimed ownership of the road and received rulings in their favor from the Land Court; and

 

     WHEREAS, upon appeal, the Hawaii Supreme Court ruled that the State owns a portion of the road that includes a seawall and steps; and

 

     WHEREAS, on December 9, 2011, under agenda item D-18, the Board of Land and Natural Resources approved the sale of the portion of the road to the owner of an abutting parcel; and

 

     WHEREAS, a survey determined that portions of the seawall and steps are on one hundred twenty-five square feet of submerged lands; and

 

     WHEREAS, on July 13, 2012, under agenda item D-10, the Board of Land and Natural Resources approved the issuance of a perpetual, nonexclusive easement; 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 state submerged lands; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a perpetual, nonexclusive easement covering a portion of state submerged lands fronting the property identified as tax map key (1) 3-1-038:  seaward of 042, Kapahulu, Honolulu, Oahu, for use, maintenance, and repair of the existing seawall and steps, and for use, maintenance, and repair of the existing improvements constructed thereon, pursuant to section 171-53, Hawaii Revised Statutes; and

 

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

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Submerged Land Easement