Bill Text: HI SCR49 | 2018 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Honokawai, Lahaina, Maui, For Seawall Purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-04-24 - Resolution adopted in final form. [SCR49 Detail]
Download: Hawaii-2018-SCR49-Amended.html
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THE SENATE |
S.C.R. NO. |
49 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT HONOKAWAI, LAHAINA, MAUI, FOR SEAWALL PURPOSES.
WHEREAS, the original seawall fronting the Hale Kai Condominium complex was constructed in 1965, prior to the development of the Hale Kai Condominium, and was built to provide coastal protection for the property identified as Tax Map Key: (2) 4-4-001:042; and
WHEREAS, at its meeting on May 23, 2008, the Board of Land and Natural Resources (BLNR) imposed a fine of $5,000 against the Association of Unit Owners of the Hale Kai Condominium for failure to obtain appropriate approvals for unauthorized seawall improvements involving the placement of boulders and cement makai of the shoreline; and
WHEREAS, on September 10, 2010, a Final Environmental Assessment for the existing seawall was completed and the Office of Conservation and Coastal Lands issued a Finding of No Significant Impact; and
WHEREAS, on October 28, 2010, the BLNR approved a Conservation District Use Application for the Association of Unit Owners of the Hale Kai Condominium, for the seawall improvements located on state-owned lands, seaward of Tax Map Key: (2) 4-4-001:042; and
WHEREAS, at a regular meeting of the BLNR held on August 12, 2011, under agenda item D-2, the BLNR granted a fifty-five-year term, non-exclusive easement to the Association of Unit Owners of Hale Kai Condominium for seawall purposes, subject to certain terms and conditions; and
WHEREAS, at subsequent meetings of the BLNR held on June 27, 2014 (agenda item D-11), November 14, 2014 (agenda item D-18), and October 14, 2016 (agenda item D-8), the BLNR approved amendments to the easement to account for additional encroachments due to the migration of the shoreline; and
WHEREAS, the easement has yet to be fully executed between the parties, and the term period will run from the date of execution; and
WHEREAS, the subject area is about 2,920 square feet, subject to review and approval by the Department of Accounting and General Services' Survey Division; and
WHEREAS, the owner shall pay the State the fair market value as consideration of the use of public lands to be determine by an independent appraiser; 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-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that the Board of Land and Natural Resources is authorized to issue a term, non-exclusive easement covering a 2,920 square foot portion of state submerged lands fronting the property identified as Tax Map Key: (2) 4-4-001:042, at Honokowai, Lahaina, Maui, for the use, maintenance, repair, and removal of an existing seawall over, under, and across state-owned land 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.
Lease; Board of Land and Natural Resources; Seawall
