THE SENATE

S.C.R. NO.

8

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, OAHU, FOR THE EXISTING BOAT RAMP AND CONCRETE WALL, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 

     WHEREAS, portions of the existing boat ramp and concrete wall seaward of the property identified as Tax Map Key:  (l) 4—5—047:051, Kaneohe, Koolaupoko, Oahu, were placed upon state submerged lands; and

 

     WHEREAS, in 2021, James Michael Elhoff, Trustee of the Michael Elhoff Living Trust dated November 30, 2017, purchased the residential real property located at Tax Map Key:  (1) 4-5-047:051, which abuts the portion of state submerged land that contains the encroaching boat ramp and concrete wall; and

 

     WHEREAS, the boat ramp and concrete wall were constructed seaward of the private property record boundary without prior authorization, and a portion of the boat ramp and concrete wall previously located on private property but is now seaward of the current shoreline on state submerged lands; and

 

     WHEREAS, around March 2022, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owner, James Michael Elhoff, Trustee of the Michael Elhoff Living Trust dated November 30, 2017, to resolve the encroachments; and

 

     WHEREAS, the Office of Conservation and Coastal Lands found that the boat ramp and concrete wall are part of an existing seawall that has been in place since at least 1967, based on analysis of historic aerial photographs of the area; and

 

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

 

     WHEREAS, on August 26, 2022, under agenda item D-4 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 boat ramp and concrete wall encroachments, 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 319 square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, on December 14, 2022, James Michael Elhoff executed a removal bond agreement in which James Michael Elhoff assigned to and deposited with the State of Hawaii the amount of $34,012 to insure the State of Hawaii against the cost of removing the encroachments 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 Board of Land and Natural Resources executed Revocable Permit No. S-7956 on March 10, 2023, granting James Michael Elhoff the right to enter and occupy the subject parcel of state land, subject to terms including the payment of $65 monthly rental amount; and

 

     WHEREAS, the grantee 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; 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 Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, 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:  (l) 4—5—047:051, Kaneohe, Koolaupoko, Oahu, for the existing boat ramp and concrete wall, 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