STAND. COM. REP. NO. 1078
RE: S.C.R. No. 87
Honorable Ronald D. Kouchi
President of the Senate
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Water and 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 and intent of this measure is to authorize the issuance of a term, non-exclusive easement for a portion of state submerged lands fronting the property identified as Tax Map Key: (2) 2-6-010:017, Kuau, Hamakuapoko, Maui, for the existing seawall 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 at its meeting on September 11, 2020, under agenda item D-4, the Board of Land and Natural Resources, under certain circumstances, approved the grants of a fifty-five-year non-exclusive easement of the additional portions of the L-shaped wing wall area on state submerged lands, to resolve the approximately two hundred twenty-three square feet of seawall and concrete steps encroachments. Your Committee concludes that the easement is necessary for the use, repair, and maintenance of the existing seawall and concrete steps.
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. 87 and recommends that it be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Water and Land,
LORRAINE R. INOUYE, Chair