Komar Maui Properties files for injunction against Maui County eminent domain action

An affiliate of Komar Investments today filed a complaint in Federal District Court for declaratory and injunctive relief against Maui County’s impending eminent domain action for acquisition of a 20-acre parcel next to the Central Maui Landfill in Puʻunēnē.

Condemnation of Komar’s parcel was authorized by the Maui County Council on April 5, 2024.

Komar’s lawsuit seeks to prevent the County from taking more land than they feel is necessary from the 20-acre parcel to accommodate the Lahaina fire debris until further environmental review is completed. On April 8, Komar made an offer to the County of Maui for five acres of the parcel to accommodate all 400,000 cubic yards of the Lahaina fire ash and debris for permanent disposal.

Mayor Richard Bissen released a statement following the offer saying: “We are greatly appreciative of Komar Maui Properties’ announcement to donate five acres; however, our long-term landfill plan requires the full 20 acres for an MSW (municipal solid waste) landfill for our residents. The County remains willing to pay the appraised value to acquire this parcel to address the need of the people of Lahaina and the long-term need of our residents.”

Komar contends that only five acres falls under the Emergency Proclamation issued by Gov. Josh Green for Lahaina Town, while the remaining 15 acres do not. “Komar’s complaint does not seek to stop disposal of the Lahaina fire debris; it seeks only to protect the remaining 15 acres of Komar’s property,” according to a news release.

Today, Komar said their five acre offer still stands.

Andy Naden, Executive Vice President and General Counsel of Komar Investments. “The people of Lahaina need to remove fire debris in order to go home. The County needs five acres of land to accomplish this goal. Anything over that amount is taking advantage of the situation.”

In a 2017 letter from former Maui County Mayor Alan Arakawa, the County stated they do not need Komar’s 20-acre parcel for their landfill expansion, they have no intention of condemning the property, and Komar is entitled to use and develop the property as they choose. 

Komar Maui Properties purchased the 20-acre parcel from Alexander & Baldwin in 2015, and has been trying to develop it into a commercial and demolition debris landfill ever since.