Bill Text: HI SCR105 | 2013 | Regular Session | Introduced

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Bill Title: Board of Land and Natural Resources; Easement; Seawall

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-07 - Certified copies of resolutions sent, 06-07-13. [SCR105 Detail]

Download: Hawaii-2013-SCR105-Introduced.html

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THE SENATE	S.C.R. NO.	105
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

authorizing the issuance of a non-exclusive easement covering a portion of state submerged lands pursuant to section 171‑53, hawaii revised statutes, relating to reclamation and disposition of submerged or reclaimed public land.

 

 

     WHEREAS, the Board of Land and Natural Resources approved the request of West Coast Roofing, Inc., ("Applicant") for a non-exclusive easement over a portion of state-owned land located in Makaha, Waianae, Oahu, on January 11, 2013; and

 

     WHEREAS, the seaward boundary of the property fronts the ocean, and a seawall straddles the seaward boundary of the property and submerged public land, which is state-owned and identified by tax map key number (1) 8-4-005:002 seaward of parcel 2.  A portion of the seawall encroaches into the state-owned submerged land; and

 

     WHEREAS, the area of the seawall comprises approximately one hundred thirty-one square feet and comprises a portion of the state-owned submerged land; and

 

     WHEREAS, under county requirements, the Applicant requires an easement over that portion of the submerged land that includes the existing seawall in order for the Applicant to obtain a county building permit to renovate the seawall; and

 

     WHEREAS, the character of use of the easement is the right, privilege, and authority to use, maintain, repair, replace, and remove the seawall over, under, and across state-owned land; and

 

     WHEREAS, the easement term is for fifty-five years in consideration for a one-time payment to be determined by independent or staff appraisal establishing a fair market rent, subject to review and approval by the Chairperson of the Board of Land and Natural Resources; and

 

     WHEREAS, the easement abuts the Applicant's property; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a non-exclusive easement for a fifty-five year term, covering that portion of state submerged lands described above, located in Makaha, Waianae, Oahu, for purposes of renovation and construction of a seawall, pursuant to section 171-53, Hawaii Revised Statutes, subject to limitations and conditions to be determined by the Board of Land and Natural Resources; 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:	_____________________________

Report Title: 

Board of Land and Natural Resources; Easement; Seawall