Bill Text: HI HCR11 | 2024 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Waialae-iki, Honolulu, Oahu, For The Existing Revetment, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-04-19 - Returned from Senate (Sen. Com. No. 708). [HCR11 Detail]
Download: Hawaii-2024-HCR11-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
11 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
HOUSE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIALAE-IKI, HONOLULU, OAHU, FOR THE EXISTING REVETMENT, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing revetment fronting the property identified as Tax Map Key: (1) 3-5-058:011, Waialae-Iki, Honolulu, Oahu (subject property), was placed upon state submerged lands; and
WHEREAS, on April 10, 1964, Bishop Estate, the original developer of the Kai-Nani subdivision containing the subject property, applied to the Board of Land and Natural Resources to request approval for construction of the revetment to run along the shoreline of multiple house lots of the same subdivision for erosion protection purposes; and
WHEREAS, on October 1, 1964, the Department of Land and Natural Resources' Division of Land Management informed the developer by letter that the Board of Land and Natural Resources approved a construction right-of-entry permit and authorized the developer to proceed with construction of the revetment; and
WHEREAS, the same letter stated that the Division of Land Management was processing the sale of an easement for the revetment; and
WHEREAS, although the Board of Land and Natural Resources approved construction of the revetment and the Division of Land Management indicated that it was processing an easement for the portion of state submerged land occupied by the revetment, for reasons that are currently unknown to the Department of Land and Natural Resources, the easement was never consummated and the encroachment upon state submerged lands by the revetment was never resolved; and
WHEREAS, in 2011, David Kim, the current owner (property owner), purchased the subject property, which abuts the portion of state submerged lands that contains the encroaching revetment; and
WHEREAS, around December 2022, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owner to resolve the encroachment; and
WHEREAS, the Office of Conservation and Coastal Lands has found, based on a review of historical maps and documents submitted by Bishop Estate to the Department of Land and Natural Resources in conjunction with its 1964 permit applications, that the revetment fronting the residential real property is part of the subdivision revetment constructed by Bishop Estate pursuant to the 1964 authorization and right-of-entry permit issued by the Board of Land and Natural Resources; and
WHEREAS, the Office of Conservation and Coastal Lands has indicated its support for a non-exclusive easement to resolve the existing seawall encroachment; and
WHEREAS, on April 14, 2023, under agenda item D-5, the Board of Land and Natural Resources approved a grant of a 25-year non-exclusive easement to resolve the revetment encroachment, to run with the land and to inure to the benefit of the abutting real property; and
WHEREAS, the total encroachment area was determined to be 2,894 square feet, subject to review and approval by the Department of Accounting and General Services' Survey Division; and
WHEREAS, the property owner has been working diligently with the Department of Land and Natural Resources' Land Division to execute a right-of-entry permit and revocable permit, as approved by the Board of Land and Natural Resources, as interim steps to resolve the encroachment until the Board of Land and Natural Resources-approved non-exclusive easement can be consummated, subject to terms including payment of $831 monthly rent and provision of liability insurance to protect the interests of the State; and
WHEREAS, prior to execution of the non-exclusive easement, the grantee shall pay the State the fair market value of the non-exclusive easement as consideration for the use of state submerged lands to be determined by an independent appraisal; and
WHEREAS, in 2022, the National Oceanic and Atmospheric Administration issued a technical report that found that sea level rise will create a profound shift in coastal flooding over the next thirty years by causing tide and storm surge heights to increase and reach further inland; and
WHEREAS, by 2050, moderate and typically damaging coastal flooding is expected to occur on average more than ten times as often as it does today and can be intensified by local factors; and
WHEREAS, in Hawaii, sea-level rise and coastal erosion are occurring at an accelerated rate, with moderate estimates projecting the sea level to increase by six to eight inches by mid-century; and
WHEREAS, the practice of issuing easements to private landowners for state submerged lands on a case-by-case basis is not prudent as a long-term strategy when considered in relation to the public trust doctrine and in the context of planning for landscape-scale adaptation and retreat; 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 Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a non-exclusive easement, with a term not to exceed twenty-five years, covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 3-5-058:011, Waialae-Iki, Honolulu, Oahu, for the existing seawall revetment, 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 certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and Governor.
BLNR; Term, Non-Exclusive Easement; Lease State Submerged Lands
