Bill Text: HI HCR18 | 2016 | Regular Session | Introduced

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Bill Title: Authorized BLNR to issue a term, non-exclusive easement

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-29 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Har, Ing, Kong, Luke, Saiki, Thielen, Tokioka excused (7). [HCR18 Detail]

Download: Hawaii-2016-HCR18-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	18
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT Kaneohe, Koolaupoko, Oahu, for the maintenance and repair of the existing pier, and for use, repair, and maintenance of the existing improvements constructed thereon.

 

 

     WHEREAS, portions of the existing pier fronting the property identified as Tax Map Key: (1) 4-5-001: seaward of 018, Kaneohe, Koolaupoko, Oahu, was placed upon state submerged lands; and

 

     WHEREAS, since 1977, the property owner, Paul Noto, possessed a monthly revocable permit issued by the Board of Land and Natural Resources to cover the encroachment; and

 

     WHEREAS, in early 2015, Mr. Noto inquired about converting the revocable permit to a long-term easement; and

 

     WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands did not object to the conversion of the revocable permit to a long-term easement regarding the pier; and

 

     WHEREAS, on June 26, 2015, under agenda item D-8, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachment; and

 

     WHEREAS, the subject area is about 100 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 of 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 House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, 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) 4-5-001: seaward of 018, Kaneohe, Koolaupoko, Oahu, for the maintenance and repair of the existing pier, 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:	_____________________________
		BY REQUEST

Report Title: 

Authorized BLNR to issue a term, non-exclusive easement