Bill Text: HI SCR2 | 2018 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Waianae, Oahu, For The Existing Seawall, Steps, And Landscaped Area And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-04-24 - Resolution adopted in final form. [SCR2 Detail]
Download: Hawaii-2018-SCR2-Amended.html
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THE SENATE |
S.C.R. NO. |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIANAE, OAHU, FOR THE EXISTING SEAWALL, STEPS, AND LANDSCAPED AREA AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing seawall, steps, and landscaped area identified as Tax Map Key: (1) 8-7-023: seaward of 044, Waianae, Oahu, were placed upon state submerged lands; and
WHEREAS, around August 2016, the property owner, Peter Cushman Lewis, worked with the Department of Land and Natural Resources to resolve the encroachments; and
WHEREAS, on October 13, 2017, under agenda item D-8, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to run with the land and to inure to the benefit of the abutting real property, to resolve the encroachment; and
WHEREAS, the subject area is about 391 square feet, which will be reviewed and approved by the Department of Accounting and General Services' Survey Division; and
WHEREAS, the grantee shall pay the State the fair market value of the easement as consideration for the use of public lands to be determined by an independent appraisal; and
WHEREAS, during the Department of Land and Natural Resources' review process, the Department of Planning and Permitting of the City and County of Honolulu requested that the grantee remove wooden and chain-link fences from atop the seawall, which the grantee has reported have been removed; 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 Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives 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 identified as Tax Map Key: (1) 8-7-023: seaward of 044, Waianae, Oahu, for the existing seawall, steps, and landscaped area and for use, repair, and maintenance 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.
BLNR; Issuance of a Term, Non-Exclusive Easement; State Submerged Lands at Waianae, Oahu; Seawall, Steps, and Landscaped Area
