Bill Text: HI HCR9 | 2024 | Regular Session | Introduced

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Bill Title: Authorizing The Issuance Of A Perpetual, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Heeia, Koolaupoko, Oahu, For The Existing Drain, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-04-19 - Returned from Senate (Sen. Com. No. 706). [HCR9 Detail]

Download: Hawaii-2024-HCR9-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	9
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT HEEIA, KOOLAUPOKO, OAHU, FOR THE EXISTING DRAIN, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 

     WHEREAS, portions of the existing drain seaward of the property identified as Tax Map Key: (1) 4-6-003:077, Heeia, Koolaupoko, Oahu (subject property), were placed on state submerged lands; and

 

     WHEREAS, in July 2009, the Board of Land and Natural Resources authorized the issuance of an easement to the owners of the private subject property for a dock that encroached on state submerged land at the shoreline abutting the private property; and

 

     WHEREAS, during the process of approving the easement to the private property owners, a structure that is part of the City and County of Honolulu's municipal drainage system was discovered within the state shoreline land area; and

 

     WHEREAS, the City and County of Honolulu confirmed that the drainage structure was constructed in the 1970s when the abutting land was subdivided and developed and, although the City and County of Honolulu obtained a drainage easement at that time for the portion of the system that encroached on private land, it did not hold an easement for the portion of the system that came to be located on state submerged land; and

 

     WHEREAS, the City and County of Honolulu agreed to obtain an easement from the State for the portion of the drainage system located on state submerged land; and

 

     WHEREAS, at its meeting of July 8, 2010, under agenda item D-15, the Board of Land and Natural Resources approved a grant of a perpetual non-exclusive easement to resolve the drain encroachment, at gratis consideration; and

 

     WHEREAS, at the July 8, 2010 Board of Land and Natural Resources meeting, the Office of Hawaiian Affairs, Department of Health, and Department of Land and Natural Resources' Office of Conservation and Coastal Lands, Division of Aquatic Resources, and State Historic Preservation Division, along with the City and County of Honolulu's Department of Planning and Permitting and Board of Water Supply indicated they had no objection to the request for a perpetual non-exclusive easement to resolve the drain encroachment; and

 

     WHEREAS, at the meeting of December 13, 2019, under agenda item D-12, the Board of Land and Natural Resources approved technical amendments to the 2010 Board of Land and Natural Resources approval to insert accurate legal references and to facilitate the easement documentation process; and

 

     WHEREAS, the total encroachment area was determined to be 47 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; 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 Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a perpetual, non-exclusive easement covering a portion of state submerged lands seaward of the property identified as Tax Map Key: (1) 4-6-003:077, Heeia, Koolaupoko, Oahu, for the existing drain, 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 Chairperson of the Board of Land and Natural Resources, the Governor, and the Director of the City and County of Honolulu's Department of Planning and Permitting.

 

 

 

	OFFERED BY:	_____________________________
		BY REQUEST

 

 

Report Title:

BLNR; Perpetual, Non-Exclusive Easement; State Submerged Lands