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County Considers Condemnation of Ranch Lands

Thursday, September 25th, 2008

. In addition to cultural and historic values, we’re looking at health and safety.”

But he, too, echoed the financial concerns of the county. “The community says they have the money to buy the Ranch. But where is it?”

“We’re not letting the Ranch slide,” said Mayor Charmaine Tavares. “The sooner they’re out of Molokai, the better.”

Baisa and Michael Victorino added warm compliments to Molokai residents on a community-written document known as “Molokai: Future of a Hawaiian Island,” which brings together 30 years of objectives for the island. Acquiring Ranch lands has been a goal of many members of the community for over a decade, and the document highlights how its purchase would facilitate better management of the island’s resources.

“It was tremendous reading, and I really liked the way these people have brought forth a plan of action,” said Victorino. “It shows the resiliency of the people of Molokai.”

Process of Condemnation
Condemnation is the process of taking private property for public use through the government’s power of eminent domain.

Special Council attorney Margery Bronster explained there are two basic issues that are constitutionally required for condemnation to take place.

The first is that it must be done for a public purpose, which can be defined in a wide variety of ways.

The second requirement is that a fair market value be paid for the land to be condemned. This price would depend on a number of factors; most obviously, whether all or just a part of the land is being acquired through condemnation.

Bronster said appraisal of the land can take place before any decision on condemnation is made, allowing the possible price of the land to factor into the decision.

The decision of whether or not to condemn must also include identifying which properties should be acquired, how much the government is willing to spend, and how soon the process should move forward, according to Corporation Council Brian Moto.

A thorough investigation of the property’s possible outstanding legal complications as well as its physical features must also be completed, said Moto.

If a decision is reached to condemn the property, a resolution would be passed by the county and a suit filed in court. The county’s appraiser would then submit a fair value market assessment of the land, which the Ranch would likely contest. It would be up to the judge to decide the final fair market value of the property.

“There is an emphasis on ‘public purpose,’” explained Moto. “But,” he added, “Courts usually just require that the legislative body have a rational reason to condemn.”

Suspended Decision
The County Council made no decision about the condemnation of Molokai Ranch land during the meeting, and the item was deferred for further discussion and investigation.

While the council will continue to deliberate over the matter, one thing is sure: nothing is going to happen overnight.

But the voices of Molokai were heard.

“The very quality of life, health and safety, and our island’s future are at stake here. The people of Molokai are hurting, and the State has not been sympathetic,” said Mateo at the meeting’s conclusion.

“I’m sure that the county will not shy away from its responsibilities and will stand behind the people of Molokai.”

 To learn more about Molokai download "Molokai, Future of a Hawaiian Island" created by the community of Molokai:

http://www.themolokaidispatch.com/molokai.pdf

Or, visit "Molokai - Return to Pono" by created by Matt Yamashita:

http://www.themolokaidispatch.com/node/1913

First Live Television Broadcast from Molokai

Monday, September 22nd, 2008

Danny Mateo hosts Akaku’s post election coverage.

By Catherine Cluett

Molokai community members looked on with wonder as County Council Chair and Molokai Representative Danny Mateo tested the modern marvels of internet video conferencing. The technology allowed him to have an interisland talk story session from Home Pumehana with Akaku newscasters last Saturday evening. The event, part of Akaku’s Primary Election coverage, marked Molokai’s first live television broadcast.

“Not being at the polls gives me the opportunity to stay tuned and focused on the needs of the people of Molokai,” said Mateo during the televised address. He said he was glad to be unopposed in this year’s election.

The Akaku election coverage honed in on Molokai’s push for condemnation of Molokai Ranch property, showing clips from a trip that ten Molokai residents made to Maui last Thursday. The group gave persuasive input during a County Council session where lawmakers deliberated the possibility of exercising eminent domain on Ranch land.

“It was important to have the people of Molokai show up and participate in the government process,” Mateo said. “The presence of Molokai was definitely felt.”

A computer program called Skype was used to stream the live conversation over the internet. The signal was received at Akaku headquarters in Kahului, Maui, where it was then broadcasted live on public access TV.

Molokai resident Artice Swingle and Dispatch Editor Todd Yamashita joined Mateo for a second live session halfway through the program. This time they talked with Senator Kalani English, who spoke live from the Akaku station headquarters.

Swingle expressed her thanks to both English and Mateo for being accessible to the people of Molokai. She also described escalating problems related with the Molokai Ranch shutdown including exorbitant water rates.

Yamashita sent a mahalo to Akaku for providing a voice to the Molokai community. “We’re a small community but we have a lot to say,” he explained.

He also commented on the tough economic times that Molokai is facing. “But we have a lot of resilience,” he said. “I have faith in the community and in our lawmakers.”

“What do you think about Molokai’s current situation?” Yamashita asked Senator English. “What do you think about eminent domain?”

English responded with a warm thank you to Molokai and praise for the way its people worked together after the closing of Molokai Ranch.

“It’s up to you to come together and decide what you want for the island. I’m here to support you,” he said. “Molokai is poised to be the best it can be.”

“Eminent domain is the process of taking over land for the greater public good,” he continued. “It’s important to keep the options open. We’re looking at policy, and options like renewable energy. I support Molokai 100 percent,” English said.

Molokai’s Akaku director Josh Pastrana and coordinator Dan Emhof both expressed pride in participating in Molokai’s first live broadcast. “It feels good to be part of something that’s dedicated to moving Molokai forward,” Emhof said.

They hope more of the Molokai community will participate in similar coverage of the General Elections on Nov. 4.

Akaku is a county-wide public access television station that operates three channels: 52, 53, and 54. The state has mandated that the station take part in a bid process that has been said might jeopardize its founding principles: providing a voice to the community.

There will be a public meeting on Molokai on Oct. 7 held by the Department of Commerce and Consumer Affairs. To be discussed: rules of the bidding process which could allow for an entity other than Akaku to takeover public access. To sign a petition to support the continuation of Akaku or for more information about the station, contact Pastrana or Emhof at 553-3455.

From the Akaku Molokai staff: A big mahalo nui loa to Danny Mateo for hosting our event for the community. Also a big mahalo to Akaku Maui for their ongoing efforts to find new ways to give Molokai a voice to express our concerns and ideas to Maui County.

County of Maui v. MPL Update

Monday, September 22nd, 2008

By Catherine Cluett

On August 29, the County of Maui sued Molokai Properties, Ltd. (MPL) in order to ensure that it honors its contracts with the county to operate and maintain water and wastewater systems on Molokai, as well as reimburse the county for the costs it has incurred in preparing for a possible emergency after the Ranch announced its plans to terminate water services.

Last Monday, MPL asked the court to dismiss the county’s suit on the grounds that the Ranch no longer had plans to shut down.

The suit is still viable, however, says attorney Margery Bronster, representing the County of Maui. “We don’t know whether they are just delaying the emergency, or eliminating it,” said Bronster last Thursday.

The Ranch, she argues, has given no indication of agreement to continue operating and maintaining the water systems, nor has it reimbursed the county as requested. The court will be hearing the motion to dismiss the suit at the end of the month, and the county has no intention of backing down, according to Bronster.