County Council committee recommends approval of settlement in eminent domain dispute

Members of the Maui County Council’s Government Relations, Ethics and Transparency Committee voted unanimously Tuesday to recommend approving a resolution to authorize a settlement of civil lawsuits involving Komar Maui Properties.

Last year, Komar went to federal court to block Maui County’s efforts to use eminent domain to take Komar’s 20 acres next to the Central Maui Landfill as a final disposal site for wildfire debris. The case got tied up in court. And, in November, the County announced a $4 million agreement with a subsidiary of Nan Inc. to purchase about 49 acres of previously quarried land and 30 acres being quarried next to the Central Maui Landfill.

The Council approved the acquisitions in December, and the sale to the County was finalized earlier this year.

Proposed settlement details with Komar Maui Properties were kept confidential during a closed committee executive session on Tuesday afternoon. However, Deputy Corporation Counsel Thomas Kolbe told council members in a Jan. 30 letter.

“The parties are engaged in settlement discussions in this matter,” he said. “We hope to obtain authority as soon as possible to avoid needless accumulation of fees.”

Following the November announcement, Komar released a statement applauding the County’s abandonment of the eminent domain case. Komar officials said the company was “reaffirming its commitment to the Maui community” and “remains ready to assist in any capacity.”

At the time, Komar said the company was “redoubling its efforts to secure the necessary permits for its 20-acre parcel adjacent to the Central Maui Landfill.”

“This parcel is crucial for providing near- and long-term solutions to support the recovery efforts of Lahaina town, addressing removal of fire debris and management of construction waste that will result from rebuilding the community,” Komar said.

Details of moving ash and debris from a temporary site at Olowalu to Central Maui were discussed during a public open house Saturday in Lahaina by officials from Maui County, the US Army Corps of Engineers, the state Department of Health and the US Environmental Protection Agency.

Members of the public identified the Central Maui Landfill as its top choice for permanent fire debris disposal during a community survey process last year.

In June, semi-trucks are expected to begin the estimated five-month process of hauling about 400,000 tons to the permanent disposal site. Having the trucks haul 40,000 to 50,000 truckloads will have significant traffic impacts on the 20-mile route from Olowalu to Central Maui.

Nan Inc. is Hawai‘i’s largest, locally owned construction company. It specializes in pre-construction, general contracting and design-build construction in Hawaiʻi.