Bill Text: HI SCR46 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Lanikai; Easement; Seawall; Department of Land and Natural Resources

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-05 - The committee on WAM deferred the measure. [SCR46 Detail]

Download: Hawaii-2013-SCR46-Introduced.html

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THE SENATE	S.C.R. NO.	46
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

authorizing the issuance of a term, non-exclusive easement covering a portion of state submerged lands at lanikai, koolaopoko, oahu, for seawall and revetment purposes.

 

 

 

     WHEREAS, the 18,376 square foot property was developed with a single-family dwelling built in 1939 and a shoreline protection structure around 1953 prior to the establishment of the state land use laws; and

 

     WHEREAS, on September 13, 1968, the previous owners of the subject and three adjoining properties obtained Shore Water Construction Permit No. 1395 issued by the Harbors Division of the Department of Transportation to construct a six- to eight-foot wide "protective stone blanket for erosion control" seaward of the existing five-foot high retaining walls; and

 

     WHEREAS, in October, 1968, the City and County of Honolulu Planning Commission granted a variance to permit the construction of the stone blanket; and

 

     WHEREAS, permission was also obtained from the United States Army Corp of Engineers and the Department of Land and Natural Resources; and

 

     WHEREAS, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources in a letter dated September 18, 2008, stated that it does not consider the stone blanket to be a conservation district violation and that the structure provides stability and erosion control; and

 

     WHEREAS, on January 13, 2012, under agenda item BD-17, the Board of Land and Natural Resources approved the request for a non-exclusive easement by the owners, James Hugh Duncan and Barbara-Jeann Duncan; and
     WHEREAS, the encroachment area was determined to be approximately 1,268 square feet; and

 

     WHEREAS, on October 16, 2012, the Land Division of the Department of Land and Natural Resources confirmed acceptance by the owners of the consideration payable for the subject easement as determined by an independent appraisal dated August 27, 2012; 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-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the Board of Land and Natural Resources is authorized to issue a term, non-exclusive easement covering a portion of state submerged lands identified as tax map key (1) 4-3-005: seaward of 56, at Lanikai, Oahu, Hawaii for seawall and revetment purposes; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Lanikai; Easement; Seawall; Department of Land and Natural Resources