STAND. COM. REP. NO. 1240

 

Honolulu, Hawaii

                  

 

RE:    H.C.R. No. 37

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Water and Land, to which was referred H.C.R. No. 37 entitled:

 

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A PERPETUAL, NONEXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS LOCATED IN KAPAHULU, HONOLULU, OAHU, FOR THE USE, MAINTENANCE, AND REPAIR OF AN EXISTING SEAWALL AND STEPS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to issue a perpetual, nonexclusive easement covering a portion of state submerged lands located in Kapahulu, Honolulu, Oahu, for use, maintenance, and repair of the existing seawall and steps, and for use, maintenance, and repair of the existing improvements constructed thereon.

 

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Outrigger Hotels.

 

     The subject property fronts property identified as tax map key (1) 3-1-038:  seaward of 042, Kapahulu, Honolulu, Oahu.  In 1959, various owners of the properties abutting Old Diamond Head Road claimed ownership of the road and received rulings in their favor from the Land Court.  Upon appeal, the Hawaii Supreme Court ruled that the State owns a portion of the road that includes a seawall and steps.  A survey determined that portions of the seawall and steps are on one hundred twenty-five square feet of submerged lands.  On July 13, 2012, under agenda item D-10, the Board of Land and Natural Resources approved the issuance of a perpetual, nonexclusive easement.

 

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 37, and recommends that it be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Water and Land,

 

 

 

____________________________

MALAMA SOLOMON, Chair