Hawaii County could seize nearly 29 acres of Kau land to develop a wastewater treatment plant in Naalehu.
The Hawaii County Council is considering a resolution that would authorize county attorneys to use eminent domain proceedings to acquire 28.7 acres of a parcel just west of Naalehu Spur Road in Naalehu town that would be the site for an eventual Naalehu Wastewater Treatment Plant, which would replace the large-capacity cesspools in the area.
The land is just a splinter of a much larger 2,317-acre tract owned by Ala Kahakai Trail Association that extends all the way south to the ocean.
The land was set aside to the Ala Kahakai Association in 2019 through the county’s Public Access, Open Space and Natural Resources Preservation Commission.
When that happened, the association signed an agreement with the county that stipulated that, should the county begin construction of the treatment plant within 10 years of the association taking ownership of the land, it would set aside the 29 acres — referred to as the Waikapuna Property — under a conservation easement.
But Brenda Iokepa-Moses, deputy director of the county Department of Environmental Management, told the Council on Wednesday her department hasn’t been granted access to the Wakapuna Property to develop plans for the plant, hence the resolution.
Ala Kahakai Association President Keoni Fox testified Wednesday, emphasizing he has had meetings with DEM since the resolution was introduced this month and that the association would be a “willing seller” to the county if that open communication can continue.
“We want to be able to continue that dialogue without the threat of condemnation,” Fox said, urging the Council to vote against the resolution.
Ultimately, the Council decided to pass the resolution on first reading Wednesday. It needs to pass another vote at the next Council meeting to be adopted. Council members agreed that passing the resolution would be a motivator for both sides to work together.
“If we postpone it, it would be a strong motivation for ATA to be open to the county,” said Kona Council member Holeka Inaba, although his was the lone vote against passing the resolution at first reading, adding he felt DEM hadn’t explored all possible options before pursuing eminent domain proceedings.
But even if the land is acquired through eminent domain, the treatment plant is still a few years off.
Iokepa-Moses’ presentation stated that eminent domain proceedings could take up to 12 months, and the county’s agreement with the U.S. Environmental Protection Agency is to complete the plant by the end of 2027.
