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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
14 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
WHEREAS, Resorttrust Hawaii, LLC ("RTH"), is the fee owner of that certain parcel of land identified by Tax Map Key: (1) 3-5-023:039 (the "Hotel Property"), upon which it operates the Kahala Hotel & Resort (the "Hotel"); and
WHEREAS, the original owners of the Hotel, pursuant to a 1963 Agreement with the State, developed the Hotel and the beach area makai of the Hotel, which included three drainage lines from the Hotel: one stormwater outfall and two lagoon outfalls (collectively, the "outfalls"); and
WHEREAS, portions of the existing drainage lines seaward of the Hotel property cross Tax Map Key No. (1) 3-5-023: portions of 041 and seaward, Waialae, Honolulu, Oahu (the "subject property"), and are located on state submerged lands; and
WHEREAS, the outfalls were constructed in compliance with the laws in existence at the time they were developed; and
WHEREAS, the lagoon outfalls were subsequently modified in compliance with the conservation district requirements, Chapter 183, Hawaii Revised Statutes; and
WHEREAS, the outfalls require authorization to occupy state lands; and
WHEREAS, at its meeting of September 27, 2024, under agenda item D-7, the Board of Land and Natural Resources approved the issuance of perpetual, non-exclusive easements to RTH for the outfalls located on or under the subject property and on state submerged land at the shoreline abutting the subject property, along with the right, privilege, and authority to construct, use, operate, maintain, repair, replace, and remove pipelines across state-owned land for drainage purposes, with a one-time payment to be determined by independent appraisal establishing fair market rent, subject to review and approval by the Chairperson of the Board of Land and Natural Resources; and
WHEREAS, the total easement area is approximately 12,700 square feet, to be confirmed by the Department of Accounting and General Services' Survey Division; 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 House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Board of Land Natural Resources is hereby authorized to issue a perpetual, non-exclusive easement covering a portion of the subject property identified (1) 3-5-023: 041, and a portion of state submerged lands seaward of the subject property, Waialae, Honolulu, Oahu, for the existing outfalls constructed thereon, along with the right, privilege, and authority to construct, use, operate, maintain, repair, replace, and remove pipelines across state-owned land for drainage purposes, pursuant to section 171-53, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, and Director of the Department of Planning and Permitting of the City and County of Honolulu.
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OFFERED BY: |
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Perpetual, Non-exclusive Easement; State Submerged Lands; Waialae, Oahu