Bill Text: HI HCR20 | 2016 | Regular Session | Introduced

Hawaii House Concurrent Resolution 20 (Prior Session Legislation)

Introduced

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). [HCR20 Detail]

Download: Hawaii-2016-HCR20-Introduced.html

HOUSE OF REPRESENTATIVES	H.C.R. NO.	20
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 Makaha, Waianae, Oahu, for the maintenance and repair of the existing SEAWALL, and for use, repair, and maintenance of the existing improvements constructed thereon.

WHEREAS, the existing seawall fronting the property identified as Tax Map Key: (1) 8-4-005: seaward of 002, Makaha, Waianae, Oahu, was placed upon state submerged lands; and

WHEREAS, around July 2012, the Department of Land and Natural Resources worked with the owner, West Coast Roofing, Inc., to resolve the encroachment; and

WHEREAS, on January 11, 2013, under agenda item D-14, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachment; and

WHEREAS, Senate Concurrent Resolution 105 pursuant to section 171-53, Hawaii Revised Statutes, was adopted by the Twenty-seventh Legislature in May 2013; and

WHEREAS, the subject area was about 131 square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

WHEREAS, fair market value of the 131 square feet was appraised at $3,000; and

WHEREAS, other portions of the same seawall were exposed pursuant to a subsequent shoreline certification application process; and

WHEREAS, the total encroaching area was then determined to be 321 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

WHEREAS, the Department of the Attorney General advised that another concurrent resolution pursuant to section 171-53, Hawaii Revised Statutes, is required for the additional encroaching area; and

WHEREAS, the grantee shall pay the State the fair market value of the additional encroaching area of 190 square feet 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) 8-4-005: seaward of 002, Makaha, Waianae, 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.