Hawaii 2025 Regular Session

Hawaii House Bill HCR6 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.C.R. NO. 6 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT EWA BEACH, EWA, OAHU, FOR A SEAWALL, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.
2	2
3	3	HOUSE OF REPRESENTATIVES H.C.R. NO. 6
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.C.R. NO.
10	10
11	11	6
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29	HOUSE CONCURRENT
30	30
31	31	RESOLUTION
32	32
33	33
34	34
35	35
36	36
37	37	AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT EWA BEACH, EWA, OAHU, FOR A SEAWALL, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.
38	38
39	39
40	40
41	41
42	42
43	43	WHEREAS, the existing seawall seaward of the property identified as Tax Map Key: (1) 9-1-024:027, Ewa Beach, Ewa, Oahu, is situated on state submerged land; and WHEREAS, in 2022, Poni LLC, a domestic limited liability company, purchased the residential real property identified as Tax Map Key: (1) 9-1-024:027, which abuts the portion of state submerged land containing the seawall; and WHEREAS, in 1966, when the seawall was constructed in compliance with a City and County of Honolulu building permit, it was located mauka of the shoreline within the boundaries of the private residential property identified as Tax Map Key: (1) 9-1-024:027 and was likely intended to serve as a landscaping element or boundary marker; and WHEREAS, due to mauka shoreline migration over the past forty years, the seawall is now located within state submerged lands and constitutes an encroachment onto state submerged lands; and WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to resolve the encroachment; and WHEREAS, the total encroachment area was determined to be one-hundred sixty-five square feet, subject to review and approval by the Department of Accounting and General Services' Survey Division; and WHEREAS, at its meeting on May 24, 2024, under agenda item D-7, the Board of Land and Natural Resources approved the grant of a twenty-five-year term, non-exclusive easement to Poni LLC for the seawall, to run with the land and to inure to the benefit of the abutting residential real property identified by the Tax Map Key: (1) 5-5-002:032; and WHEREAS, at the same meeting, the Board approved an immediate right of entry permit and revocable permit to allow the property owners to maintain the structure during the pendency of the easement process subject to payment of $42 monthly rent, posting of a removal bond, and provision of liability insurance for the structure; and WHEREAS, the right of entry permit and revocable permit will be executed once the shoreline is certified; and WHEREAS, Poni LLC shall pay the State the fair market value of the non-exclusive easement as consideration for the use of state submerged lands, to be determined by an independent appraisal; and WHEREAS, section 171-53(c), Hawaii Revised Statutes, requires the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution to lease state submerged land; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a twenty-five-year, non-exclusive easement covering a portion of state submerged land seaward of the property identified as Tax Map Key: (1) 9-1-024:027, Ewa Beach, Ewa, Oahu, to Poni, LLC, for the seawall, and for the use, repair, and maintenance of the improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes; and BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources. OFFERED BY: _____________________________ BY REQUEST
44	44
45	45	WHEREAS, the existing seawall seaward of the property identified as Tax Map Key: (1) 9-1-024:027, Ewa Beach, Ewa, Oahu, is situated on state submerged land; and
46	46
47	47
48	48
49	49	WHEREAS, in 2022, Poni LLC, a domestic limited liability company, purchased the residential real property identified as Tax Map Key: (1) 9-1-024:027, which abuts the portion of state submerged land containing the seawall; and
50	50
51	51
52	52
53	53	WHEREAS, in 1966, when the seawall was constructed in compliance with a City and County of Honolulu building permit, it was located mauka of the shoreline within the boundaries of the private residential property identified as Tax Map Key: (1) 9-1-024:027 and was likely intended to serve as a landscaping element or boundary marker; and
54	54
55	55
56	56
57	57	WHEREAS, due to mauka shoreline migration over the past forty years, the seawall is now located within state submerged lands and constitutes an encroachment onto state submerged lands; and
58	58
59	59
60	60
61	61	WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to resolve the encroachment; and
62	62
63	63
64	64
65	65	WHEREAS, the total encroachment area was determined to be one-hundred sixty-five square feet, subject to review and approval by the Department of Accounting and General Services' Survey Division; and
66	66
67	67
68	68
69	69	WHEREAS, at its meeting on May 24, 2024, under agenda item D-7, the Board of Land and Natural Resources approved the grant of a twenty-five-year term, non-exclusive easement to Poni LLC for the seawall, to run with the land and to inure to the benefit of the abutting residential real property identified by the Tax Map Key: (1) 5-5-002:032; and
70	70
71	71
72	72
73	73	WHEREAS, at the same meeting, the Board approved an immediate right of entry permit and revocable permit to allow the property owners to maintain the structure during the pendency of the easement process subject to payment of $42 monthly rent, posting of a removal bond, and provision of liability insurance for the structure; and
74	74
75	75
76	76
77	77	WHEREAS, the right of entry permit and revocable permit will be executed once the shoreline is certified; and
78	78
79	79
80	80
81	81	WHEREAS, Poni LLC shall pay the State the fair market value of the non-exclusive easement as consideration for the use of state submerged lands, to be determined by an independent appraisal; and
82	82
83	83
84	84
85	85	WHEREAS, section 171-53(c), Hawaii Revised Statutes, requires the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution to lease state submerged land; now, therefore,
86	86
87	87
88	88
89	89	BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a twenty-five-year, non-exclusive easement covering a portion of state submerged land seaward of the property identified as Tax Map Key: (1) 9-1-024:027, Ewa Beach, Ewa, Oahu, to Poni, LLC, for the seawall, and for the use, repair, and maintenance of the improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes; and
90	90
91	91
92	92
93	93	BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.
94	94
95	95
96	96
97	97
98	98
99	99
100	100
101	101	OFFERED BY: _____________________________
102	102	BY REQUEST
103	103
104	104
105	105
106	106	OFFERED BY:
107	107
108	108	_____________________________
109	109
110	110
111	111
112	112	BY REQUEST
113	113
114	114
115	115
116	116	Report Title: Authorizing the Issuance of a Twenty-Five-Year Term, Non-Exclusive Easement Covering a Portion of State Submerged Lands at Ewa Beach, Ewa, Oahu, for a Seawall, and for Use, Repair, and Maintenance of the Improvements Constructed Thereon
117	117
118	118	Report Title:
119	119
120	120	Authorizing the Issuance of a Twenty-Five-Year Term, Non-Exclusive Easement Covering a Portion of State Submerged Lands at Ewa Beach, Ewa, Oahu, for a Seawall, and for Use, Repair, and Maintenance of the Improvements Constructed Thereon