STAND. COM. REP. NO. 1663

 

Honolulu, Hawaii

                  

 

RE:    H.C.R. No. 152

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Water and Land, to which was referred H.C.R. No. 152 entitled:

 

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A FIFTY-FIVE YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIPOULI, KAWAIHAU, KAUAI, FOR A PORTION OF A SEAWALL AND FOR THE USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to authorize the issuance of a term, non-exclusive easement for the portion of state submerged lands fronting the property identified as tax map key:  (4) 4-3-009: seaward of 001, Waipouli, Kawaihau, Kauai, for the maintenance and repair of the existing seawall, and for the use, repair, and maintenance of the existing improvements constructed thereon.

 

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

 

     Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources may lease submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution.  Your Committee further finds that on May 9, 2014, under agenda item D-1, as subsequently amended at a meeting on October 24, 2014, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachments of the seawall identified in this measure.  Your Committee notes that the fair market value of the easement is $25,200 as determined by an independent appraisal, and that the current property owner has remitted payment of $25,255, inclusive of fees, to the State for the grant of easement.  Your Committee concludes that the easement is necessary for the maintenance and repair of the existing seawall, and for the use, repair, and maintenance of the existing improvements thereon.

 

     Your Committee has amended this measure by:

 

     (1)  Correcting the date of the meeting of the Board of Land and Natural Resources from May 19, 2014, to May 9, 2014, pursuant to testimony received from the Department of Land and Natural Resources; and

 

     (2)  Amending its title to make a technical, nonsubstantive amendment.

 

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 152, as amended herein, and recommends that it be referred to your Committee on Ways and Means, in the form attached hereto as H.C.R. No. 152, S.D. 1.

 

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

 

 

 

________________________________

KARL RHOADS, Chair