Bill Text: HI HCR97 | 2017 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement, Covering A Portion Of State Submerged And Reclaimed (filled) Lands At Kuau, Makawao, Paia, Maui, For Maintenance And Repairs Of The Existing Rock Walls, Revetments, Stairway, And Lawn Over, Under, And Across State-owned Land.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-05-02 - Resolution adopted in final form. [HCR97 Detail]
Download: Hawaii-2017-HCR97-Amended.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
97 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT, COVERING A PORTION OF STATE SUBMERGED AND RECLAIMED (FILLED) LANDS AT KUAU, MAKAWAO, PAIA, MAUI, FOR MAINTENANCE AND REPAIRS OF THE EXISTING ROCK WALLS, REVETMENTS, STAIRWAY, AND LAWN OVER, UNDER, AND ACROSS STATE-OWNED LAND.
WHEREAS, the Aleiki Nominee Trust dated August 13, 2001, owns the property located at 123 Aleiki Place, Kuau, Makawao, Paia, Maui, further identified by Tax Map Key: (2) 2-6-012: seaward of 026; and
WHEREAS, encroachments from that property, including rock walls, revetments, a stairway, and a lawn, encumber approximately one thousand fifty-nine square feet of state submerged and reclaimed (filled) lands seaward of Tax Map Key: (2) 2-6-012:026; and
WHEREAS, the non-conforming encroachments were put into place at an undetermined time; and
WHEREAS, on May 2, 2012, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources determined that allowing the encroachments to remain through the issuance of an easement would have no discernable effect on beach and recreational resources nor act as a detriment to public access, and recommended that any disposition require that the land uses remain unimproved and a transit corridor be maintained along the seaward extent of the rock walls and revetments; and
WHEREAS, on November 30, 2012, under agenda item D-5, the Board of Land and Natural Resources granted an approval for a fifty-five-year term, non-exclusive easement to Steven N. Hirsch, Trustee of the Aleiki Nominee Trust dated August 13, 2001; and
WHEREAS, an independent appraisal determined the fair market value of the easement at $68,300, and the Department of Land and Natural Resources has confirmed receipt of payment for the easement; 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 dispose of state submerged lands by grant of an easement; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the Senate concurring, that the Board of Land and Natural Resources is authorized to issue a term, non-exclusive easement covering a portion of state submerged and reclaimed (filled) land identified as Tax Map Key: (2) 2-6-012:026 at Kuau, Makawao, Paia, Maui, comprising one thousand fifty-nine square feet, for maintenance and repairs of the existing rock walls, revetments, stairway, and lawn over, under, and across state-owned land; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and to the Aleiki Nominee Trust.
Kuau, Makawao, Paia, Maui; Easement; Submerged and Reclaimed Lands
