Bill Text: HI HCR19 | 2019 | Regular Session | Introduced


Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kaalawai, Honolulu, Oahu, For The Existing Seawall And Steps, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-04-22 - Resolution adopted in final form. [HCR19 Detail]

Download: Hawaii-2019-HCR19-Introduced.html

HOUSE OF REPRESENTATIVES

H.C.R. NO.

19

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

aUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAALAWAI, HONOLULU, OAHU, FOR THE EXISTING SEAWALL and steps, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 

 


     WHEREAS, portions of the existing seawall and steps fronting the property identified as Tax Map Key: (1) 3-1-040: seaward of 001, Kaalawai, Honolulu, Oahu, were placed upon state submerged lands; and

 

     WHEREAS, around January 2018, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands (OCCL) worked with the property owners, Wendy Brandt Johnson and William Paul Johnson, co-trustees, and Gary K. Johnson, trustee, to resolve the encroachments; and

 

     WHEREAS, OCCL had no objection to the issuance of a long-term easement to resolve the encroachments; and

 

     WHEREAS, on November 9, 2018, under agenda item D-12, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to run with land and to inure to the benefit of the abutting real property, to resolve the seawall and steps encroachments; and

 

     WHEREAS, the subject area is about 80 square feet, which will be reviewed and approved by the Department of Accounting and General Services' Land 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(c), Hawaii Revised Statutes, authorizes the Board of Land and Natural Resources, with the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, to lease submerged public lands under the terms, conditions, and restrictions provided in chapter 171, Hawaii Revised Statutes; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, 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: (1) 3-1-040: seaward of 001, Kaalawai, Honolulu, Oahu, for the existing seawall and steps, 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 certified copies of this Concurrent Resolution be transmitted to the Governor and the Chairperson of the Board of Land and Natural Resources.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Land Easement Resolution; State Submerged Lands

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