HOUSE OF REPRESENTATIVES

H.C.R. NO.

82

TWENTY-NINTH LEGISLATURE, 2017

 

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 the maintenance and repair of the existing concrete seawall, and for the use, repair, and maintenance of the existing IMPROVEMENTS constructed thereon.

 

 


     WHEREAS, portions of the existing concrete seawall fronting the property identified as Tax Map Key:  (2) 4-6-003:  seaward of 007, Lahaina, Maui, was placed upon state submerged lands; and

 

     WHEREAS, in mid-2016, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owners to resolve the encroachment; and

 

     WHEREAS, on October 14, 2016, under agenda item D-9, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachment; and

 

     WHEREAS, the subject area as described in the October 14, 2016, submittal is about 71 square feet, however a subsequent easement survey shows the area to be approximately 65 square feet, which will be reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the grantees are required to pay the State the fair market value of the easement, to be determined by an independent appraisal, as consideration for the use of public lands; 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-ninth Legislature of the State of Hawaii, Regular Session of 2017, 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) 4-6-003:  seaward of 007, Lahaina, Maui, for the maintenance and repair of the existing concrete seawall, and for the 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:

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Report Title: 

BLNR; Issuance of a Term, Non-Exclusive Easement; State Submerged Lands at Lahaina, Maui; Concrete Seawall