A temporary site in West Maui storing ash and debris from the Aug. 8, 2023, wildfire that laid waste to Lahaina may be temporary for longer after a federal court ruling on Monday.
U.S. District Court Judge Kenneth Mansfield denied a motion by Maui County to immediately use 20 acres of privately owned property in Central Maui to expand the county’s adjacent landfill to accommodate fire waste and municipal refuse in advance of a trial to condemn the site and pay the owner a fair value.
Mansfield ruled that the county’s motion to expedite its intended land acquisition for a public purpose does not apply in federal court.
The expedited or “quick-take” procedure is permitted under state law governing eminent domain litigation in instances where it would not significantly affect the result of the litigation.
County officials sought immediate possession so that the landfill could be developed in time to start receiving material from a temporary West Maui landfill in early 2025 before a final resolution was reached in the case where a trial date is scheduled for Sept. 22, 2025.
Maui County filed its condemnation lawsuit in state Circuit Court April 30, but landowner Komar Maui Properties I LLC successfully argued that federal court in Honolulu was the proper venue mainly because the company’s owners are California residents.
County attorneys filed their motion in federal court to immediately possess the property on June 7, and contended that the need for more landfill space was dire because the county’s existing Central Maui Landfill was expected to reach maximum capacity before early September.
“Currently, the capacity of the CML can only accommodate less than three months of municipal solid waste,” the motion states. “This does not include the debris created by the August 8, 2023 wildfires.”
The county noted in court filings that it once had an agreement to buy the 20-acre property from its prior owner, Honolulu-based Alexander &Baldwin Inc., but failed to obtain budget appropriations to make the purchase, and that after Komar bought the property from A&B in 2015 for $700,000 the company has not been willing to sell.
Komar, under affiliates of parent firm Komar Investments LLC, has been in the waste hauling business in Hawai‘i for 40 years, operating on Maui, O‘ahu and Hawaii Island. The company also operates 11 municipal landfills on the mainland. It acquired the Maui site to develop a landfill for construction and demolition material.
After the wildfire, there was new urgency for more landfill space on Maui.
County officials initially pursued state land within a former cinder quarry in Olowalu, about 5 miles from Lahaina and next to a closed landfill, as a temporary and possible final disposal site for ash and debris from the wildfire that killed 102 people and destroyed about 2,700 structures in Lahaina, including roughly 3,500 homes.
Use of the site, which is close to the ocean, raised public concerns of environmental contamination of the nearshore reef and groundwater despite assurances from county officials that the debris and ash would be sealed in containers and placed in the landfill built to exceed the highest standards for environmental protection.
In January, Maui County Mayor Richard Bissen announced that the Olowalu site would be developed only as a temporary landfill for an estimated 400,000 cubic yards of material from the disaster. So county officials considered two other sites in West Maui, along with the county’s existing Central Maui Landfill in Puunene 26 miles from Lahaina, as permanent storage sites.
The county decided in late February on the Central Maui option, and eyed the property that Komar had been excavating for its own landfill project that still needed county approvals.
After the Maui County Council on April 5 approved using eminent domain to acquire Komar’s 20 acres and proposed to pay $830,000 based on a February appraisal, the company a few days later announced that it was willing to donate five acres to the county for only Lahaina fire needs and in exchange for approvals for the company’s landfill plan.
The county quickly declined, saying that its long-term landfill plan required Komar’s entire 20-acre property and was best for residents.
“While the donation of 5 acres is welcomed, it was the County’s plan to utilize 8-10 acres for Lahaina debris and ash,” Shayne Agawa, director of the county Department of Environmental Management, said in a statement at the time. “Our plan requires more acreage to ensure that the height of the ash remains lower than the elevation of Pulehu Road. If we placed all the debris in five acres, it would create a mountain that would expose the ash to the elements, and pose a potential risk to public safety.”
After filing its lawsuit, the county deposited $830,000 with the court representing its estimated fair compensation.
More recently, the county has estimated that the wildfire ash and debris will amount to 709,000 cubic yards of material that requires 12 acres of the Komar property.
Komar has argued in court proceedings that the county doesn’t need more than five acres for material from the Lahaina disaster and that the county has other landfill expansion options. The company also contends that the county has grossly undervalued the 20-acre site.
Andy Naden, executive vice president and general counsel for Komar Investments, said in a Wednesday interview that the county stands to receive $44 million in landfill tipping fees from the Federal Emergency Management Agency to dispose of the disaster material if the county owns the permanent landfill site.
“It’s just not fair what they are doing,” he said. “We feel pretty strongly about taking care of Lahaina, and also obviously taking care of the community and taking care of our company.”
Naden also said that Komar, before and after the county’s decision to pursue condemnation, offered to give the county the 20 acres in exchange for 20 percent of tipping fees, which are $110 a ton.
In court filings, the company has said its planned construction and demolition landfill could take the disaster debris.
Naden said he was ecstatic and relieved that Judge Mansfield denied the quick take, and hopes that the decision prompts a reasonable settlement with the county instead of waiting for a trial to authorize condemnation at a fair value determined by a jury.
“I believe truly they are overreaching in terms of what they need … and they are undervaluing what it’s worth,” he said.
The Maui County Department of the Corporation Counsel said in a statement that it will continue its efforts to move the Lahaina ash and debris from the temporary Olowalu site to a permanent site in Central Maui.
“Based on the court’s ruling, the County is exploring additional actions, including further motions in the court case, with the goal of expeditiously moving forward with a permanent disposal site,” the department said.
