Bill Text: HI SCR39 | 2018 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Heeia, Koolaupoko, Oahu, For The Existing Seawall And Landscaped Area And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-04-24 - Resolution adopted in final form. [SCR39 Detail]
Download: Hawaii-2018-SCR39-Amended.html
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THE SENATE |
S.C.R. NO. |
39 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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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 HEEIA, KOOLAUPOKO, OAHU, FOR THE EXISTING SEAWALL AND LANDSCAPED AREA AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing seawall and landscaped area identified as Tax Map Key: (1) 4-6-001: seaward of 019, Heeia, Koolaupoko, Oahu, were placed upon state submerged lands; and
WHEREAS, the unauthorized seawall was constructed on accreted state lands in 1978 by a previous owner, Richard Gessler; and
WHEREAS, around September 1981, Mr. Gessler worked with the Department of Land and Natural Resources to attempt to resolve the encroachments; and
WHEREAS, however, the after-the-fact Conservation District Use Application was denied in 1982 by the Board of Land and Natural Resources without prejudice for "further investigation into the possibility of any land use violation that may exist in addition to the seawall", and nothing further was done to legalize the seawall for more than three decades; and
WHEREAS, in March 2007, the previous owner transferred that abutting property to Clayton Honbo; and
WHEREAS, in August 2014, Mr. Honbo transferred the abutting property to his company, Nanaina ‘O Pali Ku, LLC; and
WHEREAS, in 2014, Nanaina ‘O Pali Ku, LLC, worked with the Department of Land and Natural Resources to resolve the encroachments; and
WHEREAS, the Board of Land and Natural Resources approved the after-the-fact Conservation District Use Application for the seawall at its meeting on November 9, 2017; and
WHEREAS, on December 8, 2017, under agenda item D-11, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachments; and
WHEREAS, the subject area is about 1,379 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 Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, 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) 4-6-001: seaward of 019, Heeia, Koolaupoko, Oahu, for the existing seawall and landscaped area 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.
TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT HEEIA, KOOLAUPOKO, OAHU
