Bill Text: HI HCR5 | 2025 | Regular Session | Introduced

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Bill Title: Authorizing The Issuance Of A Twenty-five-year Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Waikiki, Honolulu, Oahu, For Concrete Stairs, And For Use, Repair, And Maintenance Of The Improvements Constructed Thereon.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-27 - Referred to WAL, FIN, referral sheet 5 [HCR5 Detail]

Download: Hawaii-2025-HCR5-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	5
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR CONCRETE STAIRS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.

 

 

     WHEREAS, an existing seawall on the property identified as Tax Map Key: (1) 3-1-039:065, Waikiki, Honolulu, Oahu, abuts state submerged lands; and

 

     WHEREAS, HTH DH Ventures, LLC, a Hawaii limited liability company, is the owner of property identified as Tax Map Key:  (1) 3-1-039:005, Waikiki, Honolulu, Oahu, which benefits from easements across the property identified as Tax Map Key:  (1) 3-1-039:044, Waikiki, Honolulu, Oahu, and the privately held portion of the property identified as Tax Map Key:  (1) 3-1-039:065, Waikiki, Honolulu, Oahu, including across the seawall, for beach access purposes; and

 

     WHEREAS, the seawall previously included concrete steps on its makai side, which were situated on the state submerged lands; and

 

     WHEREAS, the concrete steps were removed in 2021; and

 

     WHEREAS, on May 4, 2023, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands approved construction of new steps on the subject state submerged land in the same location, alignment, and footprint to replace those removed in 2021; and

 

     WHEREAS, at its meeting on October 13, 2023, under agenda item D-14, the Board of Land and Natural Resources approved the grant of a twenty-five-year, non-exclusive easement for the replacement steps, to run with the land and inure to the benefit of the real property identified as Tax Map Key: (1) 3-1-039:065; and

 

     WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to allow for replacement of the removed concrete steps on state submerged lands; and

 

     WHEREAS, the total area of the replacement steps was determined to be approximately twenty-six and five tenths square feet, subject to the review and approval of the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, HTH DH Ventures, LLC, has not yet constructed the replacement steps on state submerged lands and has agreed not to do so until the non-exclusive easement approved by the Board of Land and Natural Resources receives the prior approval of the Governor and prior authorization of the Legislature pursuant to section 171-53(c), Hawaii Revised Statutes, and the easement is issued; and

 

     WHEREAS, HTH DH Ventures, LLC, shall pay the State the fair market value of the non-exclusive easement as consideration for the use of state submerged lands, to be determined by an independent appraisal; and

 

     WHEREAS, section 171-53(c), Hawaii Revised Statutes, requires the prior approval of the Governor and the 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 Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a twenty-five-year term, non-exclusive easement covering a portion of state submerged land seaward of the property identified as Tax Map Key: (1) 3-1-039:065, Waikiki, Honolulu, Oahu, to HTH DH Ventures LLC, for the concrete steps, and for use, repair, and maintenance of the 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.

 

 

 

	OFFERED BY:	_____________________________
		BY REQUEST

Report Title: 

Authorizing the Issuance of a Twenty-Five-Year Term, Non-Exclusive Easement Covering a Portion of State Submerged Lands at Waikiki, Honolulu, Oahu, for Concrete Stairs, and for Use, Repair, and Maintenance of the Improvements Constructed Thereon