Hawaii officials debunk claims about development bans, insurance denials in Maui | Fact check

Nate Trela, USA TODAY
·3 min read
72

The claim: Hawaii banned new construction except in cases of natural disaster; insurance denying fire claims for zoning infractions

An Aug. 17 Instagram post (direct link, archive link) makes a pair of claims about people losing their land in the aftermath of the Maui wildfires.

"So recently Hawaiian officials just passed a law – listen to this – that does not allow new development on Hawaiian land unless it’s a 'natural disaster,'" the man in a video says. "So then guess what happens, the laser beams – I mean, the natural disaster happens, which allows the new developers to come in and illegally buy the land at a discounted price."

Later in the video, the man says, "And now it's being reported ... the insurance companies are trying to get out of paying out the Hawaiians due to zoning infractions, which we know is a bunch of baloney."

The post was liked more than 1,000 times in five days.

Follow us on Facebook! Like our page to get updates throughout the day on our latest debunks

Our rating: False

Hawaiian officials say there have been no reports of insurance claims being denied because of zoning infractions after the Maui fires. They also say there are no laws banning land sales outside of natural disasters.

No reports of insurance denials on zoning grounds

Five days after the video was posted, officials had heard no evidence of zoning-related insurance denials.

"As of this email, the Hawaii Insurance Division has received no reports of claim denials 'due to zoning infractions,'" William Nhieu, a spokesperson for the Hawaii Department of Commerce and Consumer Affairs, told USA TODAY on Aug. 22.

State Senate President Ronald Kouchi also said the claim of insurance denials was false, adding that insurance companies were still in the process of setting up claim centers days after the fires.

Fact check: False claim FEMA Deputy Administrator arrested in relation to Maui wildfires

Maui officials were already looking at revamping the island’s zoning code, which has been largely unchanged since the 1960s. The wildfires killed at least 115 residents, and Maui County has sued utility Hawaiian Electric claiming its failure to shut off power despite warnings from the National Weather Service contributed to the disaster.

However, there have been no credible reports of zoning infractions being cited in insurance denials.

No ordinances blocking land development

Kouchi said he isn't aware of any state laws that ban development except in cases of natural disaster. There are no credible reports that such laws were in place.

Zoning matters are largely within the purview of Hawaii’s counties, and Maui has been looking for ways to address a residential affordability crisis on the island, Kouchi said. Among the steps Maui County has taken in recent years was a moratorium on new resort development, to slow the growing number of visitors to the island.

Hawaiian officials warned developers against predatory land purchases after the fires. Gov. Josh Green’s administration has even considered temporarily pausing land transactions in affected areas.

Fact check: False claim Maui fires intentionally set to turn island into '15-minute city'

Kouchi cautioned that limiting or denying landowners the right to sell property has potential legal barriers that are still being researched.

USA TODAY could not reach the social media user sharing the claim for comment.

Lead Stories also debunked the claim about insurance denials. Lead Stories and the Associated Press also debunked the claim about a land development ban.

Our fact-check sources:

Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here.

Our fact-check work is supported in part by a grant from Facebook.

This article originally appeared on USA TODAY: Post fabricates Maui development, fire insurance issues | Fact check