Bill Text: HI SCR120 | 2024 | Regular Session | Introduced
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Waikiki, Honolulu, Oahu, For Construction, Use, Repair, And Maintenance Of Steps.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-03-14 - Referred to WTL, WAM. [SCR120 Detail]
Download: Hawaii-2024-SCR120-Introduced.html
THE SENATE |
S.C.R. NO. |
120 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR CONSTRUCTION, USE, REPAIR, AND MAINTENANCE OF STEPS.
WHEREAS, an existing
seawall fronts state submerged land identified as Tax Map Key: (1)3-1-039: seaward of 065, Waikiki, Honolulu,
Oahu; and
WHEREAS,
concrete steps were previously constructed on the makai side of the existing
seawall on state submerged lands; and
WHEREAS,
the concrete steps were removed from the state submerged lands in 2021; and
WHEREAS,
HTH DH Ventures, LLC, a Hawaii limited liability company, is the owner of
property identified as Tax Map Key: (1)3-1-039:005,
Waikiki, Honolulu, Oahu, which benefits from easements across the property
identified as Tax Map Key:
(1)3-1-039:044, Waikiki, Honolulu, Oahu, and the privately held portion
of the property identified as Tax Map Key: (1)3-1-039:065, Waikiki, Honolulu, Oahu,
including across the seawall, for beach access purposes; and
WHEREAS,
HTH DH Ventures, LLC, requested the approval of the Department of Land and
Natural Resources' Office of Conservation and Coastal Lands to reconstruct the
concrete steps on the state submerged lands in the same location, alignment,
configuration, and footprint as the previously existing concrete steps; and
WHEREAS, by
letter dated May 4, 2023, the Department of Land and Natural Resources' Office
of Conservation and Coastal Lands approved the construction of the concrete
steps; and
WHEREAS,
on October 13, 2023, under agenda item D-14 of a meeting of the Board of Land
and Natural Resources, the Board approved a grant of a 25-year non-exclusive
easement to HTH DH Ventures, LLC, to run with the land and inure to the benefit
of the abutting real property, to resolve the encroachment; and
WHEREAS,
the total encroachment area was determined to be 26.5 square feet, more or
less, 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 public lands, to be determined by an
independent appraisal, subject to review and approval by the Chairperson of the
Board of Land and Natural Resources; 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 Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives 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 identified as Tax Map Key: (1)3-1-039: seaward of 065, Waikiki, Honolulu, Oahu, for the construction, use, repair, and maintenance of concrete steps 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.
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OFFERED BY: |
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BY REQUEST |
Board of Land and Natural Resources; Easement; Waikiki