STAND. COM. REP. NO.
Honolulu, Hawaii
APR182Q24
RE: H.C.R. No. 14
H.D. 2
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. 14, H.D. 2, entitled:
"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A
TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE
SUBMERGED LANDS AT MAALAEA BEACH LOTS, WAIKAPU, WAILUKU,
MAUI, FOR THE EXISTING SEAWALL, AND FOR USE, REPAIR, AND
MAINTENTkNCE 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 term, non-exclusive easement for the portion of
state submerged lands fronting the property identified as tax map
key: (2) 3-8—014:022, Maalaea Beach Lots, Waikapu, Wailuku, Maui,
for the existing seawall, 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, Ma‘alaea Village
Association, and six individuals.
Your Committee received comments on this measure from Milowai
Maalaea AOAO.
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Page 2
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 October 9, 2015,
the Board of Land and Natural Resources, subject to conditions,
approved a grant of a fifty-five-year non-exclusive easement to
resolve the encroachment of the seawall identified in this
measure. Your Committee notes that on January 8, 2021, the Board
of Land Natural Resources approved an amendment to the decision
made on October 9, 2015, to shorten the term of the non-exclusive
easement from fifty-five to twenty-five years, or in the event the
applicant is unsuccessful in acquiring the fee or obtaining an
extension of the ground lease of the abutting apartment property,
to end on December 31, 2038, concurrent with the expiration of the
ground lease for the abutting apartment property. Your Committee
concludes that the easement is necessary for the use, repair, and
maintenance of the existing seawall.
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. 14,
H.D. 2, and recommends its adoption.
Respectfully submitted on
behalf of the members of the
Committee on Water and Land,
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 The Senate
Thirty-Second Legislature
State of Hawai‘i
Record of Votes
Committee on Water and Land
WTL
Bill / Resolution No.:* Committee Referral: Date:
Hcr. 14-^ HP2 4/I}/2A
__ The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to: ________________________________________________
The Recommendation is:
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)
CHANG, Stanley
MCKELVEY, Angus LK.
FEVELLA, Kurt
TOTAL
Recommendation:
[jJ^dopted __ Not Adopted
Chair’s or Designee’s Signatu^er—T^----- - —x
Distribution: Original (y Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 01/09/24