Bill Text: HI SCR40 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Perpetual Easement; Submerged Lands

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-05 - The committee on WAM deferred the measure. [SCR40 Detail]

Download: Hawaii-2013-SCR40-Introduced.html

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THE SENATE	S.C.R. NO.	40
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING a PORTION OF STATE SUBMERGED LANDS AT KAPAHULU, HONOLULU, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND STEPS.

 

 

     WHEREAS, the existing subject seawall and steps were portions of the Old Diamond Head Road; and

 

     WHEREAS, in 1959, various owners of the properties abutting the road claimed ownership of such road and received rulings from the Land Court in their favor; and

 

     WHEREAS, the State appealed the decision pertaining to the subject portion of the road, and the Hawaii Supreme Court ruled that the State owns the subject portion of the road; and

 

     WHEREAS, the owner of the abutting parcel approached the Department of Land and Natural Resources (Department) with an application to purchase the subject portion of the road; and

 

     WHEREAS, on December 9, 2011, under agenda item D-18, the Board of Land and Natural Resources approved the sale of the subject portion of the road to the abutting owner; and

 

     WHEREAS, during the survey of the actual remnant area under the proposed sale, portions of the seawall and steps were considered to be on 125 square feet of submerged lands; and

 

     WHEREAS, on July 13, 2012, under agenda item D-10, the Board of Land and Natural Resources approved the issuance of a perpetual, non-exclusive easement; 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 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 perpetual, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 3-1-038:seaward of 042, Kapahulu, Honolulu, Oahu, for use, maintenance, and repair of 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 a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Perpetual Easement; Submerged Lands