STAND. COM. REP. NO. 970

Honolulu, Hawaii

, 2021

RE: H.C.R. No. 22

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Water & Land, to which was referred H.C.R. No. 22 entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF TERM, NON-EXCLUSIVE EASEMENTS COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA (KIHEI), WAILUKU, MAUI, FOR THE EXISTING SEAWALL, AND FOR USE, MAINTENANCE, AND REPAIR OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

The purpose of this measure is to authorize the issuance of term, non-exclusive easements covering a portion of state submerged lands at Waiohuli-Keokea (Kihei), Wailuku, Maui, for the existing seawall, and for use, maintenance, and repair of the existing improvements constructed thereon.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and one individual.

Your Committee finds that this easement covers improvements that were constructed partially on private land and partially on state-owned land seaward of the recorded boundary and that the shoreline has since migrated landward, thus placing the improvements entirely seaward of the shoreline on submerged land. Your Committee further finds that the area seaward of the parcel is identified as a state beach reserve; however, the land appears to be almost consistently underwater, with no beach area remaining. Furthermore, your Committee finds that it also appears that most of the adjacent properties along the coastline have been similarly armored.

Your Committee has amended this measure by:

(1) Clarifying that the grantees have already paid the fair market value, as determined by independent appraisal, in the amount of $19,700 and $19,200 for the benefit of CPR 001 and 002, respectively; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 22, as amended herein, and recommends that it be referred to your Committee on Consumer Protection & Commerce in the form attached hereto as H.C.R. No. 22, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

DAVID A. TARNAS, Chair