Bill Text: HI HCR23 | 2012 | Regular Session | Introduced

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

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Bill Title: Submerged State Lands; Lahaina, Maui; Non-Exclusive Easement

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-04-20 - (H) Resolution adopted in final form. [HCR23 Detail]

Download: Hawaii-2012-HCR23-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	23
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

authorizing the issuance of a term, non-exclusive easement covering a portion of state submerged lands at lahaina, maui, for maintenance and repair of existing deck and improvements.

 

 

     WHEREAS, concrete pilings were placed on submerged lands in Lahaina, Maui, and owned by the State of Hawaii sometime in the 1920s; and

 

     WHEREAS, in 1968, Patrick J. Ballenger and Mariana Van Blom acquired private parcel 4, adjacent to land owned by the State of Hawaii; and

 

     WHEREAS, at that time, there was an old building with a deck extending out over the ocean on private parcel 4; and

 

     WHEREAS, in 1968, the County of Maui issued a building permit to the owners to rebuild the existing building and deck; and

 

     WHEREAS, many parts of the old building were left intact and additional improvements were made to enhance the property; and

 

     WHEREAS, in 1987, the Department of Land and Natural Resources informed the owners' tenant, Oceanhouse Restaurant, that the building was encroaching over 1,229 feet of state land; and

 

     WHEREAS, a proposal was made between the Department of Land and Natural Resources and the owners to resolve the encroachment by requiring the owners to submit a conservation district use application; and

 

     WHEREAS, upon the approval of the conservation district use application, the Department of Land and Natural Resources would issue a grant of easement covering the use of state submerged lands; and

 

     WHEREAS, on April 28, 1989, under agenda item H-7, the Board of Land and Natural Resources approved the owners' after- the-fact conservation district use permit for commercial use of state submerged lands; and

 

     WHEREAS, on October 27, 1989, under agenda item F-12, the Board of Land and Natural Resources approved the direct issuance of a term, non-exclusive easement to Patrick J. Ballenger, Trustee of the Patrick J. Ballenger and Mariana Von Blom Trust; and

 

     WHEREAS, the lease of Non-Exclusive Easement S-5217 commenced on August 1, 1991, for a term of twenty years; and

 

     WHEREAS, the encroachment area is approximately 1,312 square feet; and

 

     WHEREAS, on November 22, 2010, under agenda item D-6, the Board of Land and Natural Resources approved and amended the direct issuance of a term, non-exclusive easement to Patrick J. Ballenger, Trustee of the Patrick J. Ballenger Revocable Trust, dated October 10, 1988, and Matthew Ballenger, Trustee of the Revocable Trust Agreement of Mariana Von Blom, dated March 16, 1983; and

 

     WHEREAS, the character of use of the term, non-exclusive easement is the right, privilege, and authority to maintain and repair the existing deck, and to use, repair, and maintain the existing improvements constructed thereon, located on state submerged lands, subject to certain terms and conditions; and

 

     WHEREAS, on July 8, 2011, under agenda item D-8, the Board of Land and Natural Resources approved to amend its prior action of November 22, 2010, by authorizing a one-year holdover for Lease of Non-Exclusive Easement S-5217 until the Department of Land and Natural Resources and the owners are able to obtain the legislative concurrent resolution from the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 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 House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, 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: (2) 4-5-001:  seaward of 4, at Lahaina, Maui, for maintenance and repair of the existing deck 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: 

Submerged State Lands; Lahaina, Maui; Non-Exclusive Easement