THE SENATE

S.C.R. NO.

16

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 HAUULA, KOOLAULOA, OAHU, FOR THE USE, MAINTENANCE, AND REPAIR OF PORTION OF THE EXISTING RESIDENCE, FOUNDATION, AND LANAI CONSTRUCTED THEREON.

 

 

 


     WHEREAS, portions of a family residence, its foundation, and lanai fronting the property identified as Tax Map Key: (1) 5-4-010: seaward of 009, Hauula, Koolauloa, Oahu, are located on state submerged lands; and

 

     WHEREAS, around August 2013, the Department of Land and Natural Resources (Department) was working with the owners, Scott and Beverly Miyasaki, and Tracy Lindo, to resolve the encroachments; and

 

     WHEREAS, on June 13, 2013, the Department's Office of Conservation and Coastal Lands indicated its support for the issuance of an easement to resolve the encroachments because aerial photographic evidence shows the encroachment has been in existence since the 1950s or earlier; and

 

     WHEREAS, on August 22, 2014, under agenda item D-20, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachments; and

 

     WHEREAS, the grantees 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) 5-4-010: seaward of 009, Hauula, Koolauloa, Oahu, for the use, maintenance, and repair of portion of the existing family residence, foundation, and lanai 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) 5-4-010