SCR 4: AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KIKIAOLA, KEKAHA, KAUAI, FOR A SHORELINE PROTECTION STRUCTURE, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.

SENATE CONCURRENT

RESOLUTION

AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KIKIAOLA, KEKAHA, KAUAI, FOR A SHORELINE PROTECTION STRUCTURE, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.

     WHEREAS, the existing shoreline protection structure seaward of the property identified as Tax Map Key: (4) 1-2-013:031, Kikiaola, Kekaha, Kauai, was constructed on state submerged lands; and

     WHEREAS, Graham and Marisa Chelius, owners of the private residential property identified as Tax Map Key: (4) 1-2-013:031, were granted an emergency authorization pursuant to section 13-5-35, Hawaii Administrative Rules, for temporary shoreline stabilization to place geotextile bags on state submerged lands along the erosion scarp abutting the makai boundary of their private property by the Department of Land and Natural Resources' Office of Conservation and Coastal Lands under Emergency Conservation District Use Permit KA-14-03, for a five-year term commencing July 16, 2013; and

     WHEREAS, at its meeting on December 13, 2013, under agenda item D-2, the Board of Land and Natural Resources approved a corresponding right of entry permit for the temporary structure, which constitutes an encroachment on state shoreline lands and delegated authority to the chairperson to issue one-year extensions of the right of entry permit; and

     WHEREAS, on April 9, 2018, the Office of Conservation and Coastal Lands approved a five-year extension of the Emergency Conservation District Use Permit, identified as Extension KA-18-12, and the Chairperson of the Board of Land and Natural Resources approved an extension of the right of entry permit for the temporary structure; and

          WHEREAS, on May 6, 2023, Graham and Marisa Chelius applied to the Office of Conservation and Coastal Lands for a second extension of their Emergency Conservation District Use Permit and requested permission to repair the structure, which the Office of Conservation and Coastal Lands granted; and

     WHEREAS, the Office of Conservation and Coastal Lands referred the request to renew the right of entry permit to the Department of Land and Natural Resources' Land Division, which triggered Land Division's review of the temporary permits and the statutory authority that authorize them; and

     WHEREAS, Land Division's review and analysis revealed that the Department's past practice of continual reauthorization of temporary permits without compensation was not proper under chapter 171, Hawaii Revised Statutes, and recommended conversion of temporary right of entry permits to long-term easement dispositions in compliance with chapter 171; and

     WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to resolve the encroachment; and

     WHEREAS, at its meeting on September 22, 2023, under agenda item D-3, the Board of Land and Natural Resources approved the grant of a twenty-five-year term, non-exclusive easement for the existing shoreline protection structure to bring the permits for the structure at issue into compliance with relevant state law, to run with the land, and to inure to the benefit of the abutting real property; and

     WHEREAS, at the same meeting, the Board approved an immediate right of entry permit to allow the property owners to maintain the structure during the pendency of the easement process, subject to payment of monthly rent, posting of a removal bond, and provision of liability insurance for the structure; and

     WHEREAS, a professional survey of the structure, as reviewed and approved by the Department of Accounting and General Services' Survey Division, determined that its total size is 2,366.18 square feet; and

     WHEREAS, on June 12, 2024, Graham and Marisa Chelius executed a removal bond agreement in which Graham and Marisa Chelius tendered and endorsed over to the Department of Land and Natural Resources securities in the amount of $44,855, 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 non-exclusive easement approved by the Board of Land and Natural Resources; and

     WHEREAS, the Board of Land and Natural Resources executed Right of Entry Permit No. 4610 on June 12, 2024, granting Graham and Marisa Chelius the right to enter and occupy the subject portion of state submerged lands, subject to terms including the payment of $101 monthly rent and provision of liability insurance; and

     WHEREAS, Graham and Marisa Chelius shall pay the State the fair market value of the non-exclusive easement area 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 lands; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a twenty-five-year term, non-exclusive easement covering a portion of state submerged lands seaward of the property identified as Tax Map Key: (4) 1-2-013:031, Kikiaola, Kekaha, Kauai, to Graham and Marisa Chelius, for the existing shoreline protection structure, and for 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.

Report Title: 

Authorizing the Issuance of a Twenty-Five-Year Term, Non-Exclusive Easement Covering a Portion Of State Submerged Lands at Kikiaola, Kekaha, Kauai, for a Shoreline Protection Structure, and for Use, Repair, and Maintenance of the Improvements Constructed Thereon

SENATE CONCURRENT

RESOLUTION

AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KIKIAOLA, KEKAHA, KAUAI, FOR A SHORELINE PROTECTION STRUCTURE, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.

     WHEREAS, the existing shoreline protection structure seaward of the property identified as Tax Map Key: (4) 1-2-013:031, Kikiaola, Kekaha, Kauai, was constructed on state submerged lands; and

     WHEREAS, Graham and Marisa Chelius, owners of the private residential property identified as Tax Map Key: (4) 1-2-013:031, were granted an emergency authorization pursuant to section 13-5-35, Hawaii Administrative Rules, for temporary shoreline stabilization to place geotextile bags on state submerged lands along the erosion scarp abutting the makai boundary of their private property by the Department of Land and Natural Resources' Office of Conservation and Coastal Lands under Emergency Conservation District Use Permit KA-14-03, for a five-year term commencing July 16, 2013; and

     WHEREAS, at its meeting on December 13, 2013, under agenda item D-2, the Board of Land and Natural Resources approved a corresponding right of entry permit for the temporary structure, which constitutes an encroachment on state shoreline lands and delegated authority to the chairperson to issue one-year extensions of the right of entry permit; and

     WHEREAS, on April 9, 2018, the Office of Conservation and Coastal Lands approved a five-year extension of the Emergency Conservation District Use Permit, identified as Extension KA-18-12, and the Chairperson of the Board of Land and Natural Resources approved an extension of the right of entry permit for the temporary structure; and

          WHEREAS, on May 6, 2023, Graham and Marisa Chelius applied to the Office of Conservation and Coastal Lands for a second extension of their Emergency Conservation District Use Permit and requested permission to repair the structure, which the Office of Conservation and Coastal Lands granted; and

     WHEREAS, the Office of Conservation and Coastal Lands referred the request to renew the right of entry permit to the Department of Land and Natural Resources' Land Division, which triggered Land Division's review of the temporary permits and the statutory authority that authorize them; and

     WHEREAS, Land Division's review and analysis revealed that the Department's past practice of continual reauthorization of temporary permits without compensation was not proper under chapter 171, Hawaii Revised Statutes, and recommended conversion of temporary right of entry permits to long-term easement dispositions in compliance with chapter 171; and

     WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to resolve the encroachment; and

     WHEREAS, at its meeting on September 22, 2023, under agenda item D-3, the Board of Land and Natural Resources approved the grant of a twenty-five-year term, non-exclusive easement for the existing shoreline protection structure to bring the permits for the structure at issue into compliance with relevant state law, to run with the land, and to inure to the benefit of the abutting real property; and

     WHEREAS, at the same meeting, the Board approved an immediate right of entry permit to allow the property owners to maintain the structure during the pendency of the easement process, subject to payment of monthly rent, posting of a removal bond, and provision of liability insurance for the structure; and

     WHEREAS, a professional survey of the structure, as reviewed and approved by the Department of Accounting and General Services' Survey Division, determined that its total size is 2,366.18 square feet; and

     WHEREAS, on June 12, 2024, Graham and Marisa Chelius executed a removal bond agreement in which Graham and Marisa Chelius tendered and endorsed over to the Department of Land and Natural Resources securities in the amount of $44,855, 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 non-exclusive easement approved by the Board of Land and Natural Resources; and

     WHEREAS, the Board of Land and Natural Resources executed Right of Entry Permit No. 4610 on June 12, 2024, granting Graham and Marisa Chelius the right to enter and occupy the subject portion of state submerged lands, subject to terms including the payment of $101 monthly rent and provision of liability insurance; and

     WHEREAS, Graham and Marisa Chelius shall pay the State the fair market value of the non-exclusive easement area 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 lands; 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 term, non-exclusive easement covering a portion of state submerged lands seaward of the property identified as Tax Map Key: (4) 1-2-013:031, Kikiaola, Kekaha, Kauai, to Graham and Marisa Chelius, for the existing shoreline protection structure, and for 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.

Report Title: 

Authorizing the Issuance of a Twenty-Five-Year Term, Non-Exclusive Easement Covering a Portion Of State Submerged Lands at Kikiaola, Kekaha, Kauai, for a Shoreline Protection Structure, and for Use, Repair, and Maintenance of the Improvements Constructed Thereon

STAND. COM. REP. NO.  2134

Honolulu, Hawaii

                , 2025

RE:   S.C.R. No. 4

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred S.C.R. No. 4 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KIKIAOLA, KEKAHA, KAUAI, FOR A SHORELINE PROTECTION STRUCTURE, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

     The purpose of this measure is to authorize the issuance of a twenty-five-year term, non-exclusive easement covering a portion of state submerged lands at Kikiaola, Kekaha, Kauai, for a shoreline protection structure, and for use, repair, and maintenance of the improvements constructed thereon.

     Your Committee has amended this measure by:

     (1)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 4, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 4, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  2083

Honolulu, Hawaii

                , 2025

RE:   S.C.R. No. 4

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred S.C.R. No. 4 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KIKIAOLA, KEKAHA, KAUAI, FOR A SHORELINE PROTECTION STRUCTURE, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

     The purpose of this measure is to authorize the issuance of a twenty-five-year term, non-exclusive easement covering a portion of state submerged lands at Kikiaola, Kekaha, Kauai, for a shoreline protection structure, and for use, repair, and maintenance of the improvements constructed thereon.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and one individual.

     Your Committee finds that, pursuant to section 171-53(c), Hawaii Revised Statutes, the Board of Land and Natural Resources may lease submerged lands with prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution.  Your Committee further finds that on September 22, 2023, under agenda item D-3, the Board of Land and Natural Resources granted a twenty-five-year term, non-exclusive easement for the shoreline protection structure identified in this measure, subject to certain conditions.  Your Committee concludes that the easement is necessary for the maintenance and repair of the shoreline protection structure, and for use, repair, and maintenance of the improvements constructed thereon.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 4 and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

STAND. COM. REP. NO. 1071

Honolulu, Hawaii

RE:    S.C.R. No. 4

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred S.C.R. No. 4 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KIKIAOLA, KEKAHA, KAUAI, FOR A SHORELINE PROTECTION STRUCTURE, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the issuance of a term, non-exclusive easement for the portion of state submerged lands fronting the property identified as tax map key:  (4) 1-2-013:031, Kikiaola, Kekaha, Kauai, for the existing shoreline protection structure, and the use, repair, and maintenance of existing improvements constructed thereon, pursuant to section 171-53(c), Hawaii Revised Statutes.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and two individuals.

     Your Committee finds that, pursuant to section 171-53(c), Hawaii Revised Statutes, the Board of Land and Natural Resources may lease submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution.  Your Committee further finds that on September 22, 2023, the Board of Land and Natural Resources, subject to conditions, approved a grant of a twenty-five-year term, non-exclusive easement to resolve the encroachment of the shoreline protection structure identified in this measure.  Your Committee concludes that the easement is necessary for the use, repair, and maintenance of the existing shoreline protection structure.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 4 and recommends that it be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water and Land,