STAND. COM. REP. NO. 3816
RE: S.C.R. No. 34
Honorable Ronald D. Kouchi
President of the Senate
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Your Committee on Water and Land, to which was referred S.C.R. No. 34 entitled:
"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA HOMESTEADS, KIHEI, MAUI, FOR THE EXISTING SEAWALL, ROCK REVETMENT, AND CONCRETE STEPS, AND FOR 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 issuance of a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (2) 3-9-012:seaward of 003, Waiohuli-Keokea Homesteads, Kihei, Maui, for the existing seawall, rock revetment, and concrete steps and for use, repair, and maintenance of the existing improvements constructed thereon pursuant to section 171 53, Hawaii Revised Statutes.
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 April 26, 2019, under agenda item D-6, the Board of Land and Natural Resources approved amending the June 9, 2017 authorization to grant a fifty-five year, non-exclusive easement to resolve the seawall and rock revetment encroachment, by adding a portion of the concrete steps as an additional encroachment in order to resolve the encroachments of the existing seawall, rock revetment, and concrete steps identified in this measure. Your Committee notes that the grantee will be required to pay the State the fair market value of the easement. Your Committee concludes that the easement is necessary for the maintenance and repair of the existing seawall, rock revetment, and concrete steps and for the use, repair, and maintenance of the existing improvements thereon.
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 S.C.R. No. 34 and recommends its adoption.
Respectfully submitted on behalf of the members of the Committee on Water and Land,
KAIALI'I KAHELE, Chair