AUTHORIZING THE ISSUANCE OF THREE PERPETUAL, NON-EXCLUSIVE EASEMENTS COVERING PORTIONS OF STATE SUBMERGED LANDS AT WAIALAE, HONOLULU, OAHU, FOR EXISTING DRAINAGE PURPOSES, AND FOR USE, OPERATION, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

SCR108

THE SENATE

S.C.R. NO.

108

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

AUTHORIZING THE ISSUANCE OF A
PERPETUAL, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS
AT WAIALAE, HONOLULU, OAHU, FOR EXISTING DRAINAGE PURPOSES, AND FOR USE,
OPERATION, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED
THEREON
.

����
WHEREAS, Resorttrust
Hawaii, LLC ("RTH"), is the fee owner of that certain parcel of land
identified by Tax Map Key: (1) 3-5-023:039 (the "Hotel Property"),
upon which it operates the Kahala Hotel & Resort (the "Hotel");
and

����
WHEREAS, the
original owners of the Hotel, pursuant to a 1963 Agreement with the State,
developed the Hotel and the beach area makai of the Hotel, which included three
drainage lines from the Hotel: one stormwater outfall and two lagoon outfalls
(collectively, the "outfalls"); and

����
WHEREAS, portions
of the existing drainage lines seaward of the Hotel property cross Tax Map Key
No. (1) 3-5-023: portions of 041 and seaward, Waialae, Honolulu, Oahu (the
"subject property"), and are located on state submerged lands; and

����
WHEREAS, the
outfalls were constructed in compliance with the laws in existence at the time
they were developed; and

����
WHEREAS, the
lagoon outfalls were subsequently modified in compliance with the conservation
district requirements, Chapter 183, Hawaii Revised Statutes; and

����
WHEREAS, the
outfalls require authorization to occupy state lands; and

����
WHEREAS, at
its meeting of September 27, 2024, under agenda item D-7, the Board of Land and
Natural Resources approved the issuance of perpetual, non-exclusive easements
to RTH for the outfalls located on or under the subject property and on state
submerged land at the shoreline abutting the subject property, along with the
right, privilege, and authority to construct, use, operate, maintain, repair,
replace, and remove pipelines across state-owned land for drainage purposes,
with a one-time payment to be determined by independent appraisal establishing
fair market rent, subject to review and approval by the Chairperson of the Board
of Land and Natural Resources; and

����
WHEREAS, the
total easement area is approximately 12,700 square feet, to be confirmed by the
Department of Accounting and General Services' Survey Division; and

����
WHEREAS, section
171-53, Hawaii Revised Statutes, requires the prior approval of the Governor
and 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 2026, the House of Representatives concurring, that the
Board of Land Natural Resources is hereby authorized to issue a perpetual,
non-exclusive easement covering a portion of the subject property identified
(1) 3-5-023: 041, and a portion of state submerged lands seaward of the subject
property, Waialae, Honolulu, Oahu, for the existing outfalls constructed
thereon, along with the right, privilege, and authority to construct, use,
operate, maintain, repair, replace, and remove pipelines across state-owned
land for drainage purposes, pursuant to section 171-53, Hawaii Revised Statutes;
and

����
BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to the
Governor, Chairperson of the Board of Land and Natural Resources, and Director
of the Department of Planning and Permitting of the City and County of Honolulu.

OFFERED BY:

_____________________________

Report Title:
�

Perpetual,
Non-exclusive Easement; State Submerged Lands; Waialae, Oahu