Maui County has begun eminent domain action to acquire 20 acres adjacent to the Central Maui Landfill for use as the final disposal site of Lahaina fire debris. The land is owned by Komar Investments, which filed a complaint against the county Wednesday in federal court.
Komar’s lawsuit seeks declaratory and injunctive relief against Maui County’s pending eminent domain action.
“Recently, we offered to donate 5 acres of land, specifically to satisfy the removal of all that debris that's piled up in Lahaina town,” Andy Naden, Executive Vice President and General Counsel of Komar Investments, told HPR. “But we have 20 acres. So our dispute with the county is, ‘You don't need 20 to take care of the emergency proclamation, you need five.’ So we're happy to give five.”
The county said “thanks, but no thanks” to the land donation. A statement from Mayor Richard Bissen stated the county needs the full 20 acres for future plans.
"We are greatly appreciative of Komar Maui Properties’ announcement to donate 5 acres; however, our long-term landfill plan requires the full 20 acres for an MSW landfill for our residents," Bissen said. “The county remains willing to pay the appraised value to acquire this parcel to address the needs of the people of Lahaina and the long-term needs of our residents.”
Komar’s lawsuit seeks to prevent the county from condemning more land than is needed for fire debris disposal. The case claims that only 5 acres are justified under the governor’s Emergency Proclamation issued for Lahaina, while the remaining 15 acres do not.
Naden said the company will still donate the land needed to accommodate the 400,000 cubic yards of debris in Lahaina and Olowalu, but not more.
“There's 'X' amount of debris over in Lahaina, and there's 'Y' amount of space needed at the Central Maui Landfill,” Naden said. “So yes, we will donate whatever is necessary. But we're not going to take the county's opinion on it, we're going to take a third-party independent appraisal of what's needed.”
“Lahaina needs to go home,” he continued. “And the county needs space in order to take that waste. Komar is stepping up to the plate to make that donation. But it's not a gratuitous donation. It's what they need, not what they want in the future. It's what they need today. And that's what we want to provide.”
Komar plans to build its own landfill on the property, which it has been trying to develop for nearly a decade.
The county said it plans to utilize more than 5 acres of the property to safely dispose of the Lahaina debris and ash.
“While the donation of 5 acres is welcomed, it was the county's plan to utilize 8 to 10 acres for Lahaina debris and ash,” said Department of Environmental Management Director Shayne Agawa in a recent press release.
“Our plan requires more acreage to ensure that the height of the ash remains lower than the elevation of Pulehu Road. If we placed all the debris in 5 acres, it would create a mountain that would expose the ash to the elements, and pose a potential risk to public safety.”
