THE SENATE	S.C.R. NO.	154
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

authorizing the issuance of a term, non-exclusive easement covering a portion of state submerged lands at waikiki, honolulu, oahu, for the existing seawall footing, seawall walkway, and swim-step ladder, and for use, repair, and maintenance of the existing improvements constructed thereon.

WHEREAS, portions of the existing seawall footing and walkway seaward of the property identified as Tax Map Key: (1) 3-1-032:006, Waikiki, Honolulu, Oahu, were placed upon state submerged lands; and

WHEREAS, on September 9, 2010, under agenda item J-3, the Board of Land and Natural Resources granted the issuance of a term, non-exclusive easement to the Benevolent and Protective Order of Elks Honolulu Lodge No. 616 (Elks Honolulu) to resolve the approximately 220 square feet of encroached submerged lands and for the construction of a swim-step ladder to provide ocean access on the makai side of the property; and

WHEREAS, in 2017, while still pending authorization for the easement by the Legislature, the Division of Boating and Ocean Recreation issued a right-of-entry permit to allow for the maintenance and repair of the seawall footing and walkway over, under, and across the encroached submerged lands to provide the public with a safe means to enter and exit the ocean at the seawall; and

WHEREAS, new survey drawings have indicated that the total encroachment area is now 278 square feet, which is subject to review and approval by the Department of Accounting and General Services' Survey Division; and

WHEREAS, under the non-exclusive easement, Elks Honolulu will be solely required to maintain and repair the seawall footing, seawall walkway, and swim-step ladder; and

WHEREAS, the grantee is required to pay the State the fair market value of the easement to be determined by independent appraisal as consideration for the use of state submerged lands; and

WHEREAS, section 171-53(c), 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 2023, 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 seaward of the property identified as Tax Map Key: (1) 3-1-032:006, Waikiki, Honolulu, Oahu, for the existing seawall footing, seawall walkway, and swim-step ladder, and for use, repair, and maintenance of the existing improvements constructed thereon, pursuant to section 171-53(c), Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and Chairperson of the Board of Land and Natural Resources.

OFFERED BY:

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Report Title:

Term; Non-Exclusive Easement; State Submerged Lands; Waikiki, Honolulu, Oahu