THE SENATE	S.C.R. NO.	9
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIALAE-IKI, HONOLULU, OAHU, FOR THE EXISTING REVETMENT, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 

     WHEREAS, the existing revetment fronting the property identified as Tax Map Key:  (1) 3-5-058:011, Waialae-Iki, Honolulu, Oahu (subject property), was placed upon state submerged lands; and

 

     WHEREAS, on April 10, 1964, Bishop Estate, the original developer of the Kai-Nani subdivision containing the subject property, applied to the Board of Land and Natural Resources to request approval for construction of the revetment to run along the shoreline of multiple house lots of the same subdivision for erosion protection purposes; and

 

     WHEREAS, on October 1, 1964, the Department of Land and Natural Resources' Division of Land Management informed the developer by letter that the Board of Land and Natural Resources approved a construction right-of-entry permit and authorized the developer to proceed with construction of the revetment; and

 

     WHEREAS, the same letter stated that the Division of Land Management was processing the sale of an easement for the revetment; and

 

     WHEREAS, although the Board of Land and Natural Resources approved construction of the revetment and the Division of Land Management indicated that it was processing an easement for the portion of state submerged land occupied by the revetment, for reasons that are currently unknown to the Department of Land and Natural Resources, the easement was never consummated and the encroachment upon state submerged lands by the revetment was never resolved; and

 

     WHEREAS, in 2011, David Kim, the current owner (property owner), purchased the subject property, which abuts the portion of state submerged lands that contains the encroaching revetment; and

 

     WHEREAS, around December 2022, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owner to resolve the encroachment; and

 

     WHEREAS, the Office of Conservation and Coastal Lands has found, based on a review of historical maps and documents submitted by Bishop Estate to the Department of Land and Natural Resources in conjunction with its 1964 permit applications, that the revetment fronting the residential real property is part of the subdivision revetment constructed by Bishop Estate pursuant to the 1964 authorization and right-of-entry permit issued by the Board of Land and Natural Resources; and

 

     WHEREAS, the Office of Conservation and Coastal Lands has indicated its support for a non-exclusive easement to resolve the existing seawall encroachment; and

 

     WHEREAS, on April 14, 2023, under agenda item D-5, the Board of Land and Natural Resources approved a grant of a 25-year non-exclusive easement to resolve the revetment encroachment, to run with the land and to inure to the benefit of the abutting real property; and

 

     WHEREAS, the total encroachment area was determined to be 2,894 square feet, subject to review and approval by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the property owner has been working diligently with the Department of Land and Natural Resources' Land Division to execute a right-of-entry permit and revocable permit, as approved by the Board of Land and Natural Resources, as interim steps to resolve the encroachment until the Board of Land and Natural Resources-approved non-exclusive easement can be consummated, subject to terms including payment of $831 monthly rent and provision of liability insurance to protect the interests of the State; and

 

     WHEREAS, prior to execution of the non-exclusive easement, the grantee shall pay the State the fair market value of the non-exclusive easement as consideration for the use of state submerged lands to be determined by an independent appraisal; 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 Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key:  (1) 3-5-058:011, Waialae-Iki, Honolulu, Oahu, for the existing seawall revetment, 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 and the Governor.

 

 

 

	OFFERED BY:	_____________________________
		BY REQUEST

 

 

 

Report Title:

BLNR; Term, Non-Exclusive Easement; Lease State Submerged Lands