HCR12

WHEREAS, the existing concrete boat ramp seaward of the land identified as Tax Map Key: (l) 4-5-047:013, Kaneohe, Koolaupoko, Oahu, is situated upon state submerged lands; and

WHEREAS, in 2021, the property owners, Kim Lu and Beiting Gao, husband and wife, tenants by the entirety, purchased the residential real property located at Tax Map Key: (1) 4-5-047:013, which abuts the portion of state submerged land that contains the encroaching concrete boat ramp; and

WHEREAS, the boat ramp was originally built within the private property boundary, but a portion of the boat ramp is now located seaward of the shoreline on state submerged lands; and

WHEREAS, around October 2022, the boat ramp encroachment was discovered in an enforcement action related to County Shoreline Management Area permits and the associated shoreline certification process; and

WHEREAS, the City and County of Honolulu's Department of Planning and Permitting stated in a letter dated October 4, 2022, that the concrete boat ramp is a non-conforming structure, based on historical shoreline photographs and Department of Planning and Permitting records; and

WHEREAS, in a letter dated February 27, 2023, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands concurred with the City and County's determination that the concrete boat ramp is a non-conforming structure and supported resolution of the encroachment through issuance of a non-exclusive easement; and

WHEREAS, the Office of Conservation and Coastal Lands found that removing the concrete boat ramp would not improve beach resources or public shoreline access and may have a negative effect on neighboring properties; and

WHEREAS, the Office of Conservation and Coastal Lands indicated that it supported a non-exclusive easement to resolve the encroachments; and

WHEREAS, on May 12, 2023, under agenda item D-8 of a meeting of the Board of Land and Natural Resources, the Board of Land and Natural Resources approved a grant of a 25-year non-exclusive easement to resolve the concrete boat ramp encroachment, to run with the land and to inure to the benefit of the abutting real property; and

WHEREAS, the total encroachment area was determined to be 156 square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

WHEREAS, the property owners and the Board of Land and Natural Resources executed Right-of Entry Permit No. 4549 on May 18, 2023, granting the property owners the right to enter and occupy the subject parcel of state submerged land, subject to terms including payment of a $500 fine for past encroachment of the concrete boat ramp onto state submerged land, payment of a $40 monthly rental amount, provision of liability insurance, and posting of a removal bond in the amount of $15,700; and

WHEREAS, on May 18, 2023, the property owners submitted payment for the $500 fine, $145.80 for rental payments for the period from May 12, 2023, through August 31, 2023, and a certificate of liability insurance for the encroachment area; and

WHEREAS, on May 18, 2023, the property owners executed a removal bond agreement in which the property owners assigned to and deposited with the State of Hawaii the amount of $15,700 to insure the State of Hawaii against the cost of removing the encroachment in the event that the Legislature and the Governor do not approve the issuance of the easement approved by the Board of Land and Natural Resources; and

WHEREAS, the property owners shall pay the State the fair market value of the non-exclusive easement as consideration of the use of state submerged lands to be determined by an independent appraisal, which appraisal process is currently on-going through the Department of Land and Natural Resources' Land 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-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate 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: (l) 4-5-047: 013, Kaneohe, Koolaupoko, Oahu, for the existing concrete boat ramp, and for use, repair, and maintenance of the existing improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes; and

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

OFFERED BY:

_____________________________

BY REQUEST

Report Title:

BLNR; Term, Non-Exclusive Easement; Lease State Submerged Lands

HOUSE OF REPRESENTATIVES	H.C.R. NO.	12
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII