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(b) Those portions of real property in residential use, agricultural use or vacant land and <br /> designated as kuleana land, shall pay the minimum real property tax set forth in subsection <br /> 19-90(e) as long as the real property is owned in whole or in part by [a]_ <br /> (1) A lineal descendant of the person(s)that received the original title to the kuleana land;. <br /> or <br /> (2) An applicant who seeks the kuleana land exemption who is a family member of the <br /> person(s)who received the original title to the kuleana land where such original title <br /> holder was previously granted a kuleana exemption for the subject property. <br /> Residential use shall not include vacation rental use. <br /> (c) [An application] The initial and subsequent applications for this exemption shall be filed <br /> with the director on forms prescribed by the director. The application shall include <br /> documents verifying ownership of the portion of the parcel and that the condition set forth in <br /> subsection(b)has been satisfied. Verification of the condition set forth in subsection(b) <br /> shall be satisfied by [either gcncalogy].. <br /> (1) Genealogy verification by the Office of Hawaiian Affairs [or by]i <br /> (2) By court order stating that the applicant is a lineal descendant of the person(s) that <br /> received the original title to the kuleana land[.-]; or <br /> (3) Documentation demonstrating that the applicant is a family member of the person(s) <br /> who received the original title to the kuleana land where such original title holder was <br /> previously granted a kuleana exemption for the subject property pursuant to this <br /> section. <br /> The applicant/landowner shall be responsible for all costs. <br /> (d) As used in this section, "family member"means a person who is related by blood or legal <br /> adoption to a person who previously received a kuleana exemption for the subject property, <br /> and is: a child; descendant of a child; sibling; or a descendant of a sibling. Someone who is <br /> considered to be hanai or a corporation, limited liability company,partnership, or other <br /> business entities shall not be considered"family member,"for purposes of this section." <br /> SECTION 3. Material to be repealed is bracketed and stricken. New material is <br /> underscored. In printing this ordinance,the brackets, bracketed and stricken material, and <br /> underscoring need not be included. <br /> SECTION 4. Severability. If any provision of this ordinance, or the application thereof <br /> to any person or circumstance, is held invalid, the invalidity does not affect other provisions or <br /> applications of the ordinance which can be given effect without the invalid provision or <br /> application, and to this end the provisions of this ordinance are severable. <br /> 2 <br />