Bill Text: HI HCR28 | 2013 | Regular Session | Introduced
Bill Title: Koolaupoko, Oahu; Maintenance, Repair of Existing Pier, Seawall
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-22 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Hanohano, McKelvey, Takumi, Woodson excused (4). [HCR28 Detail]
Download: Hawaii-2013-HCR28-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
28 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING PIER, SEAWALL, AND LANDSCAPING AREA, AND FOR USE, MAINTENANCE, AND REPAIR OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing pier, seawall, and landscaped area at Kaneohe, Koolaupoko, Oahu, identified as Tax Map Key: (1) 4-4-037: seaward of 033, were placed on state submerged lands sometime around the late 1950s by Mr. Frank H. Barton after he purchased the adjacent private property in 1953 and Mr. Barton indicated in the past that he had obtained the necessary approval for such improvement, but he could not locate the copies for such approval; and
WHEREAS, around 2001, the Department of Land and Natural Resources (Department) informed the owner about the encroachment on state submerged lands and requested Mr. Barton to resolve the encroachments, but Mr. Barton died in 2007 while in the process of working with the Department to try to resolve the encroachment and the family of the late Mr. Barton subsequently decided to pursue the resolution of the encroachment, which is about 1,588 square feet; and
WHEREAS, on June 4, 2012, the Department's Office of Conservation and Coastal Lands determined the non-conforming status of encroaching structures has been sufficiently established by the information provided by the family of the late Mr. Barton; and
WHEREAS, on July 27, 2012, under agenda item D-6, the Board of Land and Natural Resources approved the grant of a fifty- five-year non-exclusive easement to resolve the encroachment; and
WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 4-4-037:seaward of 033, Kaneohe, Kooalupoko, Oahu, for the maintenance and repair of the existing pier, seawall, and landscaping area, and for use, maintenance, and repair of the existing improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.
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OFFERED BY: |
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BY REQUEST |
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Koolaupoko, Oahu; Maintenance, Repair of Existing Pier, Seawall
