SCR 5: AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON‑EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR CONCRETE STAIRS, 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 WAIKIKI, HONOLULU, OAHU, FOR CONCRETE STAIRS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.

     WHEREAS, an existing seawall on the property identified as Tax Map Key: (1) 3-1-039:065, Waikiki, Honolulu, Oahu, abuts state submerged lands; and

     WHEREAS, HTH DH Ventures, LLC, a Hawaii limited liability company, is the owner of property identified as Tax Map Key:  (1) 3-1-039:005, Waikiki, Honolulu, Oahu, which benefits from easements across the property identified as Tax Map Key:  (1) 3-1-039:044, Waikiki, Honolulu, Oahu, and the privately held portion of the property identified as Tax Map Key:  (1) 3-1-039:065, Waikiki, Honolulu, Oahu, including across the seawall, for beach access purposes; and

     WHEREAS, the seawall previously included concrete steps on its makai side, which were situated on the state submerged lands; and

     WHEREAS, the concrete steps were removed in 2021; and

     WHEREAS, on May 4, 2023, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources approved construction of new steps on the subject state submerged land in the same location, alignment, and footprint to replace those removed in 2021; and

     WHEREAS, at its meeting on October 13, 2023, under agenda item D-14, the Board of Land and Natural Resources approved the grant of a twenty-five-year, non-exclusive easement for the replacement steps, to run with the land and inure to the benefit of the real property identified as Tax Map Key: (1) 3-1-039:065; and

     WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to allow for replacement of the removed concrete steps on state submerged lands; and

     WHEREAS, the total area of the replacement steps was determined to be approximately twenty-six and five tenths square feet, subject to the review and approval of the Survey Division of the Department of Accounting and General Services; and

     WHEREAS, HTH DH Ventures, LLC, has not yet constructed the replacement steps on state submerged lands and has agreed not to do so until the non-exclusive easement approved by the Board of Land and Natural Resources receives the prior approval of the Governor and prior authorization of the Legislature pursuant to section 171-53(c), Hawaii Revised Statutes, and the easement is issued; and

     WHEREAS, HTH DH Ventures, 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 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 land seaward of the property identified as Tax Map Key: (1) 3-1-039:065, Waikiki, Honolulu, Oahu, to HTH DH Ventures, LLC, for the concrete steps, and for use, repair, and maintenance of the improvements constructed thereon pursuant to section 171-53(c), 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 Waikiki, Honolulu, Oahu, for Concrete Stairs, 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 WAIKIKI, HONOLULU, OAHU, FOR CONCRETE STAIRS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.

     WHEREAS, an existing seawall on the property identified as Tax Map Key: (1) 3-1-039:065, Waikiki, Honolulu, Oahu, abuts state submerged lands; and

     WHEREAS, HTH DH Ventures, LLC, a Hawaii limited liability company, is the owner of property identified as Tax Map Key:  (1) 3-1-039:005, Waikiki, Honolulu, Oahu, which benefits from easements across the property identified as Tax Map Key:  (1) 3-1-039:044, Waikiki, Honolulu, Oahu, and the privately held portion of the property identified as Tax Map Key:  (1) 3-1-039:065, Waikiki, Honolulu, Oahu, including across the seawall, for beach access purposes; and

     WHEREAS, the seawall previously included concrete steps on its makai side, which were situated on the state submerged lands; and

     WHEREAS, the concrete steps were removed in 2021; and

     WHEREAS, on May 4, 2023, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources approved construction of new steps on the subject state submerged land in the same location, alignment, and footprint to replace those removed in 2021; and

     WHEREAS, at its meeting on October 13, 2023, under agenda item D-14, the Board of Land and Natural Resources approved the grant of a twenty-five-year, non-exclusive easement for the replacement steps, to run with the land and inure to the benefit of the real property identified as Tax Map Key: (1) 3-1-039:065; and

     WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to allow for replacement of the removed concrete steps on state submerged lands; and

     WHEREAS, the total area of the replacement steps was determined to be approximately twenty-six and five tenths square feet, subject to the review and approval of the Survey Division of the Department of Accounting and General Services; and

     WHEREAS, HTH DH Ventures, LLC, has not yet constructed the replacement steps on state submerged lands and has agreed not to do so until the non-exclusive easement approved by the Board of Land and Natural Resources receives the prior approval of the Governor and prior authorization of the Legislature pursuant to section 171-53(c), Hawaii Revised Statutes, and the easement is issued; and

     WHEREAS, HTH DH Ventures, 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 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 land seaward of the property identified as Tax Map Key: (1) 3-1-039:065, Waikiki, Honolulu, Oahu, to HTH DH Ventures, LLC, for the concrete steps, and for use, repair, and maintenance of the improvements constructed thereon pursuant to section 171-53(c), 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 Waikiki, Honolulu, Oahu, for Concrete Stairs, 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 WAIKIKI, HONOLULU, OAHU, FOR CONCRETE STAIRS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.

     WHEREAS, an existing seawall on the property identified as Tax Map Key: (1) 3-1-039:065, Waikiki, Honolulu, Oahu, abuts state submerged lands; and

     WHEREAS, HTH DH Ventures, LLC, a Hawaii limited liability company, is the owner of property identified as Tax Map Key:  (1) 3-1-039:005, Waikiki, Honolulu, Oahu, which benefits from easements across the property identified as Tax Map Key:  (1) 3-1-039:044, Waikiki, Honolulu, Oahu, and the privately held portion of the property identified as Tax Map Key:  (1) 3-1-039:065, Waikiki, Honolulu, Oahu, including across the seawall, for beach access purposes; and

     WHEREAS, the seawall previously included concrete steps on its makai side, which were situated on the state submerged lands; and

     WHEREAS, the concrete steps were removed in 2021; and

     WHEREAS, on May 4, 2023, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands approved construction of new steps on the subject state submerged land in the same location, alignment, and footprint to replace those removed in 2021; and

     WHEREAS, at its meeting on October 13, 2023, under agenda item D-14, the Board of Land and Natural Resources approved the grant of a twenty-five-year, non-exclusive easement for the replacement steps, to run with the land and inure to the benefit of the real property identified as Tax Map Key: (1) 3-1-039:065; and

     WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to allow for replacement of the removed concrete steps on state submerged lands; and

     WHEREAS, the total area of the replacement steps was determined to be approximately twenty-six and five tenths square feet, subject to the review and approval of the Department of Accounting and General Services' Survey Division; and

     WHEREAS, HTH DH Ventures, LLC, has not yet constructed the replacement steps on state submerged lands and has agreed not to do so until the non-exclusive easement approved by the Board of Land and Natural Resources receives the prior approval of the Governor and prior authorization of the Legislature pursuant to section 171-53(c), Hawaii Revised Statutes, and the easement is issued; and

     WHEREAS, HTH DH Ventures, 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 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 land seaward of the property identified as Tax Map Key: (1) 3-1-039:065, Waikiki, Honolulu, Oahu, to HTH DH Ventures LLC, for the concrete steps, 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 Waikiki, Honolulu, Oahu, for Concrete Stairs, and for Use, Repair, and Maintenance of the Improvements Constructed Thereon

STAND. COM. REP. NO.  2135

Honolulu, Hawaii

                , 2025

RE:   S.C.R. No. 5

      S.D. 1

      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. 5, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR CONCRETE STAIRS, 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 Waikiki, Honolulu, Oahu, for concrete stairs, 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. 5, S.D. 1, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 5, S.D. 1, H.D. 1.

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

STAND. COM. REP. NO.  2084

Honolulu, Hawaii

                , 2025

RE:   S.C.R. No. 5

      S.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 Water & Land, to which was referred S.C.R. No. 5, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR CONCRETE STAIRS, 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 Waikiki, Honolulu, Oahu, for concrete stairs, 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 HTH DH Ventures, LLC.  

     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 October 13, 2023, under agenda item D-14, the Board of Land and Natural Resources granted a twenty-five-year term, non-exclusive easement to resolve the encroachments of the concrete steps identified in this measure, subject to certain conditions.  Your Committee concludes that the easement is necessary for the construction of replacement concrete steps, 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. 5, S.D. 1, 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. 1072

Honolulu, Hawaii

RE:    S.C.R. No. 5

       S.D. 1

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. 5 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE-YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR CONCRETE STAIRS, 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 twenty-five year term, non-exclusive easement for the portion of state submerged lands fronting the property identified as tax map key:  (1) 3-1-039:065, Waikiki, Honolulu, Oahu, for the replacement concrete steps, 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 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 the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution.  Your Committee further finds that on October 13, 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 replacement concrete steps identified in this measure.  Your Committee concludes that the easement is necessary for the use, repair, and maintenance of the replacement concrete steps.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 5, as amended herein, and recommends that it be referred to your Committee on Ways and Means, in the form attached hereto as S.C.R. No. 5, S.D. 1.

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