THE SENATE

S.C.R. NO.

15

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT KAHUKU, KOOLAULOA, OAHU, FOR THE USE, MAINTENANCE, AND REPAIR OF THE EXISTING DRAINAGE STRUCTURE CONSTRUCTED THEREON.

 

 

 


     WHEREAS, a portion of an abandoned drainage structure fronting the property identified as Tax Map Key: (1) 5-6-003: seaward of 010, Kahuku, Koolauloa, Oahu, is located on state submerged lands; and

 

     WHEREAS, around August 2013, the Department of Land and Natural Resources (Department) was working with the owner of the structure, Makai Ranch, LLC, to resolve the encroachment; and

 

     WHEREAS, on November 1, 2013, the Department's Office of Conservation and Coastal Lands indicated its support to the issuance of an easement to resolve the encroachment; and

 

     WHEREAS, on June 27, 2014, under agenda item D-13, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachment; and

 

     WHEREAS, the grantee shall pay the State the fair market value of the easement as consideration of the use of public lands to be determined by an independent appraisal; 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 Senate of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 5-6-003: seaward of 010, Kahuku, Koolauloa, Oahu, for the use, maintenance, and repair of the existing drainage structure 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:

_____________________________

 

BY REQUEST

Report Title: 

BLNR; Tax Map Key: (1) 5-6-003