STAND. COM. REP. NO.
Honolulu, Hawaii
APR 1 8 2024
RE: H.C.R. No. 9
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sir:
Your Committee on Water and Land, to which was referred
H.C.R. No. 9 entitled:
"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A
PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE
SUBMERGED LANDS AT HEEIA, KOOLAUPOKO, OAHU, FOR THE EXISTING
DRAIN, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING
IMPROVEMENTS CONSTRUCTED THEREON,"
begs leave to report as follows:
The purpose and intent of this measure is to authorize the
issuance of a perpetual, non-exclusive easement for the portion of
state submerged lands fronting the property identified as tax map
key: (1) 4-6-003:077, Heeia, Koolaupoko, Oahu, for the existing
drain, and the use, repair, and maintenance of existing
improvements constructed thereon, pursuant to section 171-53,
Hawaii Revised Statutes.
Your Committee received testimony in support of this measure
from the Department of Land and Natural Resources and one
individual.
Your Committee finds that, pursuant to section 171-53, Hawaii
Revised Statutes, the Board of Land and Natural Resources may
lease submerged lands with the prior approval of the Governor and
the prior authorization of the Legislature by concurrent
resolution. Your Committee further finds that on July 8, 2010,
the Board of Land and Natural Resources, subject to conditions.
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STAND. COM. REP. NO.
Page 2
approved a grant of a perpetual, non-exclusive easement to resolve
the encroachment of the drain identified in this measure. Your
Committee further finds that on December 13, 2019, the Board
approved technical amendments to the 2010 Board approval to insert
accurate legal references and to facilitate the easement
documentation process. Your Committee concludes that the easement
is necessary for the use, repair, and maintenance of the existing
drain.
As affirmed by the record of votes of the members of your
Committee on Water and Land that is attached to this report, your
Committee concurs with the intent and purpose of H.C.R. No. 9, and
recommends its adoption.
Respectfully submitted on
behalf of the members of the
Committee on Water and Land,
2024-2573 HCR SSCR SMA-l.docx
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The Senate
Thirty-Second Legislature
State of Hawaii
Record of Votes
Committee on Water and Land
WTL
Bill / Resolution No.:* Committee Referral: Date:
WTU, hZAM -4/II/Z4
__ The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to: ________________________________________________
The Recommendation is:
v^'^Pass, unamended Pass, with amendments __ Hold __ | Recommit
2312 2311 2310 2313
Members Aye Aye (WR) Nay Excused
INOUYE, Lorraine R. (C)
ELEFANTE, Brandon J.C. (VC) yX'
CHANG. Stanley
MCKELVEY. Angus L.K.
FEVELLA. Kurt
TOTAL
d> /
Recommendation: .
[_^J/Adopted __ Not Adopted
Chair’s or Designee’s Signatuf:^?~7s^—
Distribution: Original / Yellow Pink Goldenrod
File with Committee R^ort Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 01/09/24