NAWILIWILI — The debate over expenditures, construction and right to use the Kapa‘a multi-use path seems to be never-ending.
Each time a new portion of the path is proposed, an outpouring of residents shows up to testify, for or against the issue.
When the Kaua‘i County Council disclosed recently that a portion of Waipouli would be acquired through eminent domain, or the county acquiring property needed for the path either through friendly or unfriendly acquisition actions, the reaction was instantaneous.
“Money is very tight and these are trying times for everyone,” Wailua Homesteads resident Glenn Mickens said. “Our tax dollars should be used for only the most-needed projects.”
Resolution 2010-34, authorizing the condemnation of lands chosen for the path, went before the full council last week, but action was deferred pending an executive session.
Councilman Jay Furfaro said there’s a “friendly condemnation” of 2,724 square feet, plus some 62,000 square feet of land the subject of acquisition negotiations.
The value of the transaction has not been disclosed because the law allows confidentiality in such instances, Furfaro said. But, once public funds are authorized for any purchase, the figure will also be public.
“‘Friendly condemnation’ is an oxymoron,” said former Councilman Mel Rapozo, adding that it’s never friendly, despite that it may be non-hostile simply because someone may not have funds to fight it in a court of law.
“We all know that condemnation can be very expensive,” he said.
Resident Joe Rosa suggested that, in the portion of the path proposed to go through Ala Road, the county should use the road’s shoulder instead of condemning someone else’s property.
“You can save bucks,” Rosa said. “Don’t just spend all the taxpayers’ money. Use the county property.”
Former Councilwoman JoAnn Yukimura said the condemnation may not have been necessary if an environmental impact statement had been done while looking at engineering solutions for the “highway problem.”
With an EIS, Yukimura said, perhaps the bike-path and a solution for the traffic congestion on the highway could have been accommodated at the same time.
Other residents also brought concerns over expenditure on the path.
While details on the lands to be acquired may remain obscure, Councilman Tim Bynum did clarify some issues concerning the condemnation.
The two largest parcels of the land on eminent domain are actually two private roads, Ala Road and Niulani Street, Bynum said.
“They are all bust up and pot-holed,” said Bynum, adding that the landowners have asked the county to take over those roads, and there are “no dollars involved” in the transaction.
“The other parcel is a thin strip along the easement, and we are using the roadway right-of-way easement,” Bynum said. “To do it appropriately and safely we needed some additional space.
“All of these things are happening with the cooperation of the landowners involved,” Bynum said.
Bynum previously said the condemnation would cost the county roughly $100,000.
The disclosure was reprimanded by Chair Kaipo Asing, who asked other council members to not “throw out any figures at all” while negotiations are being carried out.
Bynum did admit throwing out the figure as a “guestimate” might have been imprudent.
After Asing’s request for not disclosing figures, Furfaro suggested an executive session to get a briefing from the county attorney on how to handle the negotiation for the land parcels, plus how to deal with possible cultural-practices violations.
The council members unanimously deferred the decision to June 9, after an executive session.
Go to www.kauai.gov for more information.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@kauaipubco.com.
