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Committee recommends settlement talks and forwards eminent-domain item tied to Central Maui landfill property
Summary
The committee recommended advancing Resolution 25-43 concerning eminent domain and settlement efforts for a 20-acre parcel adjacent to the Central Maui landfill; the county discussed litigation history, appraised value and alternatives before voting to forward the item to full council.
The Government Relations, Ethics and Transparency Committee voted to recommend adoption of Resolution 25-43, which relates to the county’s condemnation efforts and settlement discussions for a roughly 20-acre parcel adjacent to the Central Maui landfill.
Deputy Corporation Counsel Thomas Colby briefed the committee on the litigation history: Comar Properties filed a complaint seeking declaratory and injunctive relief in federal court, and the county later filed its eminent domain complaint in state court. The federal court consolidated the related matters, considered procedural questions under the Erie doctrine, and denied the county immediate possession. The county voluntarily dismissed the eminent domain action under the federal rules and engaged in settlement discussions; Colby said the county explored other adjacent properties and returned to settlement negotiations to avoid protracted litigation.
The nut graf: The parcel at issue is a vacant, approximately 20-acre parcel adjacent to the Central Maui landfill identified in the meeting by tax map key as 2-3-8-3-20, with an appraised fee-simple value of $830,000 that the county had previously authorized to appropriate in condemnation proceedings. Litigation and procedural rulings led the county to pursue alternate properties and settlement discussions.
Department of Environmental Management staff joined the meeting and said they supported the resolution. The county and opposing counsel held settlement conferences with the federal magistrate judge; early settlement efforts were unsuccessful, and Colby described the litigation as likely to be lengthy without a resolution.
The committee voted to recommend adoption and forward the resolution to the full council (recorded vote: aye — Chair Lee and others; vote recorded as carried with one excused). The county will continue to work with counsel and DEM on settlement options and next steps.
Ending: The committee forwarded Resolution 25-43 to full council with a favorable recommendation; further settlement details were discussed in executive session and summarized in open session as required by law.
