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BIL 049 Draft 02 2002-2004
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BIL 049 Draft 02 2002-2004
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Entry Properties
Last modified
6/25/2008 8:58:16 PM
Creation date
5/9/2008 11:45:08 PM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2002-2004
Bill/Resolution
049
Draft
02
Introducer
Aaron S. Y. Chung, Councilmember Chair, Finance Committee
Referred To
FC
Action 1
Presented: FC - 2/19/03
Action 2
FC: Deferred - 08/03/04 (Note: FC is planning to hold workshops on the bill in various districts)
Action 3
FC: Workshops held in Waimea on August 24, 2004 and in Kona on September 30, 2004; Community meetings held in Peepekeo on September 16, 2004, in Hawaiian Ocean View Estates on September 21, 2004, in Keaau on October 19, 2004, and in Honokoaa on October 28, 2004.
Action 4
FC: Amends Bill 49, Dr. 2, to Dr. 3 - 10/19/04
File Code
HCC/RPT
Document Relationships
AGE FC 08/03/2004 2002-2004
(Related)
Path:
\Council Records\Agendas\2002-2004\Finance Committee (FC)
AGE FC 10/19/2004 2002-2004
(Related)
Path:
\Council Records\Agendas\2002-2004\Finance Committee (FC)
COM 0118.001 2002-2004
(Related To)
Path:
\Council Records\Communications\2002-2004
COM 0118.001 2002-2004
(Related)
Path:
\Council Records\Communications\2002-2004
COM 0118.002 2002-2004
(Related To)
Path:
\Council Records\Communications\2002-2004
COM 0118.003 2002-2004
(Related To)
Path:
\Council Records\Communications\2002-2004
COM 0118.004 2002-2004
(Related To)
Path:
\Council Records\Communications\2002-2004
COM 0118.005 2002-2004
(Related To)
Path:
\Council Records\Communications\2002-2004
COM 0118.016 2002-2004
(Related To)
Path:
\Council Records\Communications\2002-2004
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be cancelled within sixty days of the change by the owner. Upon <br /> any conveyance or any change in ownership during the period of <br /> dedication, the land shall continue to be subject to the terms and <br /> conditions of the dedication unless a release has been issued by <br /> the director. <br /> Any other provision to the contrary notwithstanding, an approved change <br /> in use as provided in subsections (c) and (d) shall not alter the original <br /> dedication period. <br /> <br /> (f) Failure of the owner to observe the restrictions on the use of his or her <br /> land shall cancel the dedication and special tax assessment privilege <br /> retroactive to the date of the dedication, but in any event, shall not exceed <br /> the term of the original dedication, and all differences in the amount of <br /> taxes that were paid and those that would have been due from <br /> assessment in the higher use shall be payable with a ten percent penalty <br /> from the respective dates that these payments would have been due. The <br /> additional taxes and penalties, due and owing as a result of a breach of <br /> the dedication, shall be a paramount lien upon the property as provided for <br /> by this chapter. <br /> (1) Failure to observe the restrictions on the use means failure far a <br /> period of twelve consecutive months to use the land in that manner <br /> requested in the petition or the overt act of changing the use for any <br /> period; provided that a change in land use classification upon <br /> petition by the owner of such dedicated lands, or the petition by the <br /> owner for a change in use as provided in subsection (c), and the <br /> owner's subsequent change in use of such dedicated lands, shall <br /> not be deemed to constitute a failure of the owner to observe the <br /> restrictions on the use. <br /> (2) If an owner is permitted to change the use as provided in <br /> subsections (c) and (d), the owner shall be allowed up to thirty-six <br /> months from the date of the approval of the petition to convert to <br /> the new ranching or agricultural use. If the owner fails to make the <br /> conversion within the specified time limit, the owner will be subject <br /> to the taxes and penalties provided above. For purposes of assess- <br /> ment of taxes and penalties, the conversion period shall be <br /> considered in addition to the specified dedication period, except, <br /> however, in the case of leased lands whose term expires prior to or <br /> in conjunction with the end of the dedication period, the conversion <br /> period shall be considered as a part of the dedication period. The <br /> petitioner shall submit progress reports of his or her efforts in <br /> converting from one agricultural use to another agricultural use to <br /> the director of finance by the anniversary date of the petition <br /> approval and yearly, thereafter, as long as such conversion period <br /> 12 <br /> <br />
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