Bill Text: HI SCR41 | 2019 | Regular Session | Introduced

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Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kaalawai, Honolulu, Oahu, For The Existing Seawall And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2019-03-07 - Referred to WTL, WAM. [SCR41 Detail]

Download: Hawaii-2019-SCR41-Introduced.html

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THE SENATE	S.C.R. NO.	41
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

authorizing the issuance of a term, non-exclusive easement covering A portion of state submerged lands at kaalawai, honolulu, oahu, for the existing seawall and for use, repair, and maintenance of the existing improvements constructed thereon.

 

 

     WHEREAS, portions of the existing seawall fronting the property identified as Tax Map Key:  (1) 3-1-040: Seaward of 001, Kaalawai, Honolulu, Oahu, were placed on state submerged lands; and

 

     WHEREAS, in early 2018, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owners, Wendy Brandt Johnson and William Paul Johnson, co-trustees, and Gary K. Johnson, trustee, to resolve the encroachment; and

 

     WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands indicated they had no objection to a long-term easement to resolve the encroachment; and

 

     WHEREAS, on November 9, 2018, under agenda item D-12, the Board approved a grant of a fifty-five-year non-exclusive easement to resolve the seawall encroachment, and such easement shall run with the land and shall inure to the benefit of the abutting real property; and

 

     WHEREAS, the subject area is about eighty 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, 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 Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, 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 fronting the property identified as Tax Map Key:  (1) 3-1-040: Seaward of 001, Kaalawai, Honolulu, Oahu, for the maintenance and repair of the existing seawall, 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.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Easement for state submerged lands at Kaalawai, Honolulu, Oahu