STAND. COM. REP. NO. 1648
RE: S.C.R. No. 87
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. 87 entitled:
"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KUAU, HAMAKUAPOKO, MAUI, FOR THE EXISTING SEAWALL AND CONCRETE STEPS, 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 portions of state submerged lands at Kuau, Hamakuapoko, Maui, for the existing seawall and concrete steps, and for use, repaid, and maintenance of the existing improvements constructed thereon.
Your Committee finds that an existing seawall and concrete steps encroach upon state submerged lands at Kuau, Hamakuapoko, Maui. Your Committee further finds that the Department of Land and Natural Resources has worked with the previous owner, Kahanu Family Limited Partnership, and the current owner, Sea & Believe LLC, to resolve the encroachment by granting a term, non-exclusive easement for the seawall. Pursuant to section 171-53(c), Hawaii Revised Statutes, the Legislature must grant prior authorization before any 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 Kuau, Hamakuapoko, Maui, that have been encroached upon by the seawall and concrete steps.
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. 87 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