HI SCR103

Authorizes a 55-year term, non-exclusive easement on state submerged lands in Kawailoa, Waialua, Oahu for Douglas and Kathleen Giannetti to maintain an existing seawall that encroaches approximately 110 feet on state-owned property.

Easement grants the right to use, maintain, repair, replace, and remove the existing seawall over, under, and across state-owned land in consideration for a one-time payment determined by independent or staff appraisal of fair market rent.

Easement is transferable to succeeding owners of the abutting property (tax map key (1) 6-1-003:024-0001) provided they have not had a lease, permit, easement, or other state land disposition terminated within the previous five years for noncompliance.

Board of Land and Natural Resources approved the request on January 11, 2013, and determined the project is exempt from environmental assessment preparation under Hawaii Revised Statutes chapter 343.

Legislature authorization is required per Hawaii Revised Statutes section 171-53(c), which mandates legislative concurrent resolution approval for leasing state submerged lands.