State senators Thursday agreed to revive a bill that could enable the state to acquire undeveloped North Shore land owned by Turtle Bay Hotel and Resort through eminent domain.
Last year — the first of a two-year session — the Senate Judiciary and Labor and Ways and Means committees advanced a bill that directs the governor’s administration to negotiate a purchase price for undeveloped portions of the Kahuku property but stripped the measure of controversial language referencing eminent domain.
The proposal prompted Turtle Bay Resort CEO Drew Stotesbury to ask Judiciary Chairman Clayton Hee to hold off on the measure in favor of timely negotiations.
"The developer is open to good faith negotiations with the state provided that these negotiations take place immediately and that negotiations terminate no later than Nov. 30, 2013," Stotesbury wrote in a letter sent to Hee in March. The letter also said, "If the parties are not able to negotiate a settlement, then I suspect SB (Senate Bill) 894 might proceed through the legislative process in the next session."
In response, senators sent the bill back to the committees for future consideration. Hee’s motion Thursday allows for the full Senate to consider the bill in time to meet an upcoming crossover deadline that would otherwise kill it for the session.
"Quite frankly, I’m optimistic that an agreement will be reached," Hee told his colleagues. "In any event … taking this action this morning allows the widest latitude provided to the Legislature to the extent that it wishes to exercise its perogative if a settlement is reached, as well as if a settlement is not reached."
Abercrombie in January reiterated his administration’s commitment to reaching a land preservation agreement with Turtle Bay Resort this year. He has requested from state lawmakers $40 million in general obligation bonds to go toward a conservation easement to protect 610 acres near Kawela Bay and Kahuku Point from development.
Stotesbury, in an email statement, said negotiations between the resort and Abercrombie’s office, the Department of Land and Natural Resources, The Trust for Public Lands and the North Shore Community Land Trust are going well, and that he hopes talks can "continue uninterrupted until a resolution is achieved."
"I’m concerned that if Senate Bill 894 is revived, it will distract us from the greater, and historic, opportunity in front of us," he said.
Hee (D, Heeia-Laie-Waialua) said he too favors an agreement over government intervention but stressed the importance of keeping the bill alive as "a safety net." He said, "While I hope a settlement is reached, I am not naive to think that there should not be alternative considerations if Turtle Bay continues negotiating at this pace."
