HI HCR21

Authorizes the Board of Land and Natural Resources to issue a term, non-exclusive easement to Napili Kai, Ltd. for state submerged lands at Tax Map Keys (2) 4-3-002:026, 027, & 028 in Napili 2 and 3, Lahaina, Maui.

Easement covers an existing walkway and allows use, repair, and maintenance of improvements constructed on the property, and is to be coterminous with the existing Grant of Non-Exclusive Easement No. S-5998 (GL5998) issued October 25, 2010.

A 2016 survey revealed approximately 140 square feet of the existing walkway encroached on state submerged lands outside the area covered by GL5998; Napili Kai, Ltd. paid $4,200 in February 2019 for the fair market value of the additional encroachment area as determined by appraisal.

Separate easement authorization is required because GL5998 was not originally issued as a submerged lands easement, and section 171-53, Hawaii Revised Statutes, requires prior legislative authorization via concurrent resolution to lease state submerged lands.