HI SCR87

Authorizes the Board of Land and Natural Resources to issue a 55-year non-exclusive easement covering 1,613 square feet of state submerged lands at Kuau, Hamakuapoko, Maui (Tax Map Key: (2) 2-6-010:017) for an existing seawall and concrete steps.

The easement allows use, repair, and maintenance of existing improvements on the submerged lands and runs with the abutting real property currently owned by Sea & Believe LLC.

Resolves an encroachment discovered in July 2017 when the previous owners (Kahanu Family Limited Partnership) found portions of the seawall and concrete steps extended onto state submerged lands.

Requires Sea & Believe LLC to pay fair market value for the easement as determined by independent appraisal, with the easement area adjusted from initially estimated 1,600 square feet to surveyed 1,613 square feet.

Implements authorization previously approved by the Board of Land and Natural Resources in meetings on August 25, 2017, July 13, 2018, and September 11, 2020, and complies with Hawaii Revised Statutes Section 171-53 requiring legislative authorization to lease state submerged lands.