Bill Text: HI SCR49 | 2018 | Regular Session | Introduced

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

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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-Introduced.html

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THE SENATE	S.C.R. NO.	49
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

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 necessary coastal protection for the property identified as Tax Map Key:  (2) 4-4-001:042; and

 

     WHEREAS, it has been determined that a portion of the seawall encumbers 2,920 square feet of state land, with submerged portions; 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 Board of Land and Natural Resources (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 Board of Land and Natural Resources held on August 12, 2011 (agenda item D-2) (initial approval of easement), and subsequent meetings held on June 27, 2014 (agenda item D-11), November 14, 2014 (agenda item D-18), and October 14, 2016 (agenda item D-8) (to amend the easement due to subsequent shoreline surveys), the BLNR has granted a fifty-five year term, non-exclusive easement totaling 2,920 square feet to the Association of Unit Owners of Hale Kai Condominium for seawall purposes, subject to certain terms and conditions; 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 feet 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.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Lease; Board of Land and Natural Resources; Seawall