The state Agribusiness Development Corporation could be given the power of eminent domain to acquire land for agricultural purposes.
Senate Bill 2169 is awaiting the governor's signature to give ADC that authority and argues that it will provide “a clear mechanism for the State to assemble strategically located agricultural lands and critical infrastructure.”
It said that the lack of such a mechanism has hindered the state's ability to grow food and improve Hawaiʻi's food resilience.
The ADC was established in 1994 to acquire former plantation land and convert them to grow diversified agriculture. About 75,000 acres of land, according to SB 2169, can be transformed for that use.
It also acknowledges that eminent domain is “an extraordinary authority that must be exercised only for a demonstrable public use,” which was a concern for some lawmakers.
In its final reading last week, 11 state representatives voted against the measure.
“I believe this is quite extreme authority to give any entity, let alone the ADC,” Rep. Garner Shimizu told his colleagues prior to the vote. ADC is a semi-autonomous state agency attached to the state Department of Business, Economic Development and Tourism and is governed by an 11-member board of directors.
ADC, according to a 2021 report from the state auditor, found that the agency “had done little – if anything – to facilitate the development of agricultural enterprises to replace the economic loss created by the demise of the sugar and pineapple industries.” It also found that the ADC had mismanaged land that it was responsible for cultivating.
Though an updated report published in November found that the agency has made improvements, it wasn’t enough for some legislators.
“Although I understand and appreciate that ADC has since taken steps to improve, I believe we should have some stronger safeguards clearly written into the law before … we allow this bill to pass, giving them this authority,” Shimizu said.
But Rep. Cory Chun, who chairs the House Committee on Agriculture and Environment, said the bill was narrowed during conference committee hearings to reduce the powers given to the ADC.
“We're not even giving ADC the full power of condemnation. And I'd also like to point out that this is not a new power,” Chun said. “We also give this power to the Hawaiʻi Housing and Finance Development Corp. We also give this power to the Hawaiʻi Public Housing Authority. We also give it to the School Facilities Authority … So what we're really giving is half the power of eminent domain that we're giving to all of these other departments and government entities.”
Public testimony showed concerns about previous iterations of the bill giving ADC the ability to condemn land and the authority to approve other uses for that land.
During conference, the language in the bill was changed to require the land to be necessary for agriculture before ADC can condemn it. It would also require land acquired through or sought using eminent domain to be transferred through negotiated purchase.
Gov. Josh Green has until June 30 to let lawmakers know that he intends to veto the bill.
