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.
HOUSE OF REPRESENTATIVES H.C.R. NO. 6
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
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.
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
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
OFFERED BY:
_____________________________
BY REQUEST
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
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