COUNTY OF HAWAI’I
STATE OF HAWAI’I
RESOLUTION NO. 633-24

A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY NUMBER (3) 9-5-007:016, SITUATED AT KAHILIPALI’IKI AND KAHILIPALINUI AHUPUA’A, DISTRICT OF KA’U, ISLAND AND COUNTY OF HAWAI’I, STATE OF HAWAI’I, FOR THE NA’ALEHU WASTEWATER TREATMENT PLANT.

WHEREAS, the Administrative Order on Consent entered with the U.S. Environmental Protection Agency, Docket No. SDWA-UIC-AOC-2017-0002, revised and effective as of February 14, 2024, requires the County to provide wastewater treatment that is protective of surface water and underground sources of drinking water for 194 properties in Na’alehu, and to close the Na’alehu large capacity cesspools (“LCCs”) no later than December 31, 2027; and
WHEREAS, the October 2018 Preliminary Engineering Report, August 2023 Revised Preliminary Engineering Report, and September 2024 Draft Environmental Information Document have identified a portion of that land covered by Tax Map Key No. (3) 9-5-007:016 as the preferred location of the Na’alehu Wastewater Treatment Plant; and
WHEREAS, Ala Kahakai Trail Association (“ATA”) is the fee simple owner of real property (“Property”) situated at Kahilipali’iki and Kahilipalinui ahupua’a, District of Ka’u, Island, County, and State of Hawai’i, identified by Tax Map Key Number (3) 9-5-007:016; and
WHEREAS, ATA obtained ownership of the above-referenced land through an agreement with Legacy Land Conservation Program, (“LLCP”) which included a conservation easement; and
WHEREAS, funding for the purchase of the above-referenced land by ATA, in addition to LLCP, came from the County of Hawai’i’s Public Access, Open Space, and Natural Resources Preservation Fund and other private sources; and
WHEREAS, ATA and the County of Hawai’i (“County”) entered into an Agreement Regarding the Na’alehu Wastewater Treatment Plant on December 16, 2019 (see Exhibit “A”); and
WHEREAS, the County and ATA agreed to exclude 28.739 acres, more or less, from the Conservation Easement placed on the above-referenced property, as a potential location for the Na’alehu Wastewater Treatment Plant (“Project Site”); and
WHEREAS, the County, in order to comply with the United States Environmental Protection Agency regulations and the above-referenced Administrative Order on Consent pursuant to 40 CFR §144.88, which requires the elimination of LCCs, seeks to acquire a portion of the Property for the construction of a wastewater treatment plant (the “Project”) to close existing LCCs and address the needs of the Na’alehu community; and
WHEREAS, the Project will require 1) the acquisition by County of the 28.739 acres, more or less, plus easement on the mauka portion of Waikapuna as shown on Exhibit “B” attached hereto and made a part hereof, and together with temporary use of any adjacent lands necessary for construction purposes, including but not limited to temporary easements for construction and operations, and storage and disposal areas, and 2) the nonexclusive use of any other reasonable and necessary easement routes maintained by ATA that allow passage through the Property to access the Project Site; and
WHEREAS, the Project has been determined by the County as providing a public use and purpose that benefits the people of the County; and
WHEREAS, it is necessary for the County to take, acquire, and condemn the Project Site to complete the Project; and
WHEREAS, Section 101-13 of the Hawai’i Revised Statutes requires that a condemnation action by the County be authorized by a resolution of the Council; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI’I that pursuant to section 101-13 of the Hawai’i Revised Statutes, the Corporation Counsel of the County be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition, and condemnation of the Project Site, which is that portion of the Property identified by Tax Map Key Number (3) 9-5-007:016, containing an area of 28.739 acres, more or less, situated at Kahilipali’iki and Kahilipalinui ahupua’a, District of Ka’u, Island and County of Hawai’i, as more specifically shown on the attached Exhibit “B.”
BE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement in accordance with the approval of the Court before which such proceedings are prosecuted.
BE IT FINALLY RESOLVED that the County Clerk shall transmit copies of this resolution to the Office of the Mayor; Department of Environmental Management; Office of the Corporation Counsel; Department of Finance; and Ala Kahakai Trail Association.

Ayes: Council Members Evans, Kagiwada,
Kaneali’i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball – 7.
Noes: Council Member Inaba – 1.
Absent: None.
Excused: Council Member Galimba – 1.

County Clerk
County of Hawai’i

Hawai’i County is an Equal Opportunity
Provider and Employer

(HTH1471815 10/25/24)