Bill Text: HI HCR57 | 2014 | Regular Session | Introduced

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Bill Title: Nonexclusive Easement; Pier; Submerged Lands

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-28 - Referred to WAL, OMH, FIN, referral sheet 26 [HCR57 Detail]

Download: Hawaii-2014-HCR57-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	57
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

authorizing the issuance of a term, nonexclusive easement covering a portion of state submerged lands located in heeia, koolaupoko, oahu, for the use, maintenance, repair, and removal of an existing pier.

 

 

 

     WHEREAS, Bernice K. Y. Bailey, Frederick K. Bailey, Jr. and Susan K. Koehler (Applicants) are the owners of a parcel of land at Heeia, Koolaupoko, Oahu, City and County of Honolulu, identified as tax map key number (1) 4-6-001:014 (Applicants Property); and

 

     WHEREAS, the Applicants applied to the Department of Land and Natural Resources (File PSF No. 120D-112), for a non-exclusive easement for pier purposes over a portion of state-owned land located seaward of the Applicants Property; and

 

     WHEREAS, the seaward boundary of the Applicants Property fronts the ocean, and a pier is located over submerged public land, which is state-owned and which is identified by tax map key number (1) 4-6-001: seaward of Parcel 014; and

 

     WHEREAS, the area of the pier comprises approximately 589 square feet, and comprises a portion of the state-owned submerged land; and

 

     WHEREAS, under county requirements, Applicants require an easement over that portion of the submerged land that includes the pier in order for Applicants to legalize the encroaching pier; and

 

     WHEREAS, the Applicants Property is classified as Conservation; and
     WHEREAS, the character of use of the easement is the right, privilege, and authority to use, maintain, repair, replace and remove the existing pier over, under, and across state-owned land; and

 

     WHEREAS, the easement term is for 55 years in consideration for a one-time payment to be determined by independent or staff appraisal establishing a fair market rent, subject to review and approval by the Chairperson of the Board of Land and Natural Resources; and

 

     WHEREAS, the easement abuts the Applicants Property; 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 nonexclusive easement for a 55-year term, covering that portion of state submerged lands described above, located in Heeia, Koolaupoko, Oahu, City and County of Honolulu for purposes of the right, privilege, and authority to use, maintain, repair, replace and remove the existing pier, pursuant to section 171-53, Hawaii Revised Statutes, subject to limitations and conditions to be determined by the Board of Land and Natural Resources; 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:	_____________________________

Report Title: 

Nonexclusive Easement; Pier; Submerged Lands