SCR 6: 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.

SENATE 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 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) 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.

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

STAND. COM. REP. NO.  2138

Honolulu, Hawaii

                , 2025

RE:   S.C.R. No. 6

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. 6 entitled:

"SENATE 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,"

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 Ewa Beach, Ewa, Oahu, for a seawall, 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 Finance that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 6 and recommends its adoption.

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

STAND. COM. REP. NO.  2085

Honolulu, Hawaii

                , 2025

RE:   S.C.R. No. 6

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. 6 entitled:

"SENATE 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,"

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 Ewa Beach, Ewa, Oahu, for a seawall, 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.

     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 May 24, 2024, under agenda item D-7, the Board of Land and Natural Resources granted a twenty-five-year term, non-exclusive easement to resolve the encroachments of the seawall identified in this measure, subject to certain conditions.  Your Committee concludes that the easement is necessary for the maintenance and repair of the seawall, 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. 6 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. 1073

Honolulu, Hawaii

RE:    S.C.R. No. 6

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. 6 entitled:

"SENATE 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,"

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) 9-1-024:027, Ewa Beach, Ewa, Oahu, for the seawall, 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 May 24, 2024, 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 seawall identified in this measure.  Your Committee concludes that the easement is necessary for the use, repair, and maintenance of the existing seawall.

     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. 6 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,