Bill Text: HI HCR115 | 2023 | Regular Session | Introduced


Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kaneohe, Koolaupoko, Oahu, For The Existing Boat Ramp And Concrete Wall, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-04-11 - Referred to WTL. [HCR115 Detail]

Download: Hawaii-2023-HCR115-Introduced.html

HOUSE OF REPRESENTATIVES

H.C.R. NO.

115

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

Authorizing the issuance of a term, non-exclusive easement covering a portion of state submerged lands at kaneohe, koolaupoko, oahu, for the existing boat ramp and concrete wall, and for use, repair, and maintenance of the existing improvements constructed thereon.

 

 


     WHEREAS, portions of the existing boat ramp and concrete wall fronting the property identified as Tax Map Key: (1) 4-5-047: seaward of 051, Kaneohe, Koolaupoko, Oahu, were placed upon state submerged lands; and

 

     WHEREAS, around March 2022, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owner, James Michael Elhoff, Trustee of the Michael Elhoff Living Trust dated November 30, 2017, to resolve the encroachments; and

 

     WHEREAS, the Office of Conservation and Coastal Lands indicated they supported a non-exclusive easement to resolve the encroachments; and

 

     WHEREAS, on August 26, 2022, under agenda item D-4 of a meeting of the Board of Land and Natural Resources, the Board approved a grant of a 25-year non-exclusive easement to resolve the boat ramp and concrete wall encroachments, to run with the land and to inure to the benefit of the abutting real property; and

 

     WHEREAS, as determined by the property owner, the total encroachment area was 319 square feet, which is subject to review and approval by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the grantee shall pay the State the fair market value of the non-exclusive easement as consideration of the use of state submerged 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 House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate 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) 4-5-047: seaward of 051, Kaneohe, Koolaupoko, Oahu, for the existing boat ramp and concrete wall, 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: 

Term; Non-Exclusive Easement; State Submerged Lands; Kaneohe, Koolaupoko, Oahu

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