Council postpones eminent-domain action for Government Beach Road after Lum family testimony

The Hawaii County Council on a voice vote on Monday postponed action on Resolution 567-26 — which would authorize the county to initiate eminent-domain proceedings for portions of Government Beach Road in Puna — until the council’s Aug. 5 meeting, after lengthy public testimony from members of the Lum family and supporters.

The measure, read into the record by the clerk as the second of two required readings, would have authorized acquisition of certain tax-map parcels for roadway widening and improvements. Dozens of speakers from Hilo, Pahoa, Waimea and remote sites testified for and against the proposal, and multiple council members said more time was needed to find a less intrusive solution.

"Why did the county continue to widen, improve, and pave this roadway after the property reverted back to the family in 2020?" asked Waylon Lum, the owner and manager of Lum Family Enterprises. "They spent a lot of funds on that road." Lum described a century-long family stewardship of the property and said the proposed 55-foot right-of-way would reach his cattle fence line and harm livestock operations.

Erlin Lum, Waylon’s brother, told the council their family had cared for the land for nearly 100 years and asked members to consider the property’s history and the impact on the family if the county proceeds. Alan Silva, a longtime family friend, questioned whether the specific road segment needed widening and said grading and paving had already expanded the roadway into private property.

Councilmember Ashley Kirkowitz, representing the district, apologized for what she called poor communication and moved to postpone the resolution to Aug. 5 so county public works and the Lum family could revisit a previously discussed solution. Deputy Director Neil Azevedo and other Public Works staff said they were willing to continue talks. Vice Chair Onishi and multiple other members acknowledged prior efforts and urged staff to document any agreement to allow the council to make an informed decision when the item returns.

The motion to postpone was seconded and carried by voice vote; the record notes the motion carried with eight ayes and one member excused. Council instructions included asking the Office of Corporation Counsel to have a supervisor available and for staff to document proposed solutions and any remaining disagreements before the Aug. 5 date.

The postponement leaves the underlying question — whether the county’s stated public purpose (road safety and connectivity) justifies the acquisition and, if so, what narrower alternatives exist — unresolved. The council directed staff and the Lum family to continue working toward a written proposal or agreement ahead of the August session.

The resolution as read referenced tax-map keys and stated the taking is for construction improvements to Government Beach Road; the record notes the item had passed its first reading on June 3.