STAND. COM. REP. NO. 1637
RE: S.C.R. No. 10
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Water & Land, to which was referred S.C.R. No. 10 entitled:
"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAALAWAI, HONOLULU, OAHU, FOR THE EXISTING SEAWALL, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"
begs leave to report as follows:
The purpose of this measure is to authorize the Board of Land and Natural Resources to issue a term, non-exclusive easement covering a portion of state submerged lands at Kaalawai, Honolulu, Oahu, for the existing seawall constructed on those state submerged lands, and the use, repair, and maintenance of the improvements constructed thereon.
Your Committee finds that portions of an existing seawall fronting private property located in Kaalawai were built on state submerged lands. Your Committee further finds that the Department of Land and Natural Resources has worked with the property owner to resolve the encroachment by granting a 55-year non-exclusive easement for the seawall, and the grantee has paid the fair market value of the easement. However, the Legislature must grant prior authorization before state submerged lands may be leased. This measure authorizes the granting of a term, non-exclusive easement for the portion of identified state submerged lands in Kaalawai that have been encroached upon by the seawall, and for the use, repair, and maintenance of the improvements thereon.
As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 10 and recommends that it be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committee on Water & Land,
DAVID A. TARNAS, Chair