Land condemnation
challenge allowed

CORRECTION Sunday, October 3, 2004 » The Army plans to transform the 25th Infantry Division's 2nd Brigade at Schofield Barracks to a Stryker brigade. A Page A11 article in Friday's early edition incorrectly referred to the transformation of the 29th Brigade. The Honolulu Star-Bulletin strives to make its news report fair and accurate. If you have a question or comment about news coverage, call Editor Frank Bridgewater at 529-4791 or email him at corrections@starbulletin.com.

Three native Hawaiian groups will be allowed to challenge the U.S. Army's condemnation of 1,400 acres of Campbell Estate land near Schofield Barracks for its new Stryker brigade.

Chief Judge David Ezra granted a request yesterday by the Ilioulaokalani Coalition, Na Imi Pono and Kipuka seeking an opportunity to show they are entitled to intervene.

On Sept. 22 the U.S. Army filed a complaint in condemnation in U.S. District Court -- a formal document setting forth the condemnation and its agreement to pay Campbell Estate $15.9 million for the land as compensation.

The U.S. Army now owns the land after U.S. District Judge Susan Mollway signed a stipulated judgment last Friday recognizing the agreement between the two parties.

But yesterday, Ezra echoed concerns expressed by Mollway that she was not aware of the opposition or discussion between the native Hawaiian groups and the Army over a pending Stryker lawsuit. He said foreclosing groups from an opportunity to argue the merits is not fundamentally fair.

The Hawaiian organizations had filed suit Aug. 17 against the U.S. Army challenging its plans to transform the 29th Brigade into a Stryker brigade until a more comprehensive environmental assessment was conducted and the Army considered alternate sites.

David Henkin, attorney for Earthjustice, which filed suit on behalf of the three groups, said they have an interest in the transfer of land to the military because it could adversely affect their native Hawaiian gathering and access rights. Also, allowing the Army to have this land would make it less flexible about considering other sites for the Stryker, he said.

Assistant U.S. Attorney Harry Yee argued that the transfer was a "friendly condemnation" between private landowner Campbell Estate and the Army and that the Hawaiian groups had no legal grounds on which to intervene in the matter.

The groups' claims that the land transfer would affect native Hawaiian cultural and gathering rights and that the Army failed to conduct a proper environmental assessment are already before the court in the other lawsuit, he said.