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8-23-04; ~:4"IAM; ~BOB5283463 tBOB5283463 +t 3/ 4 <br /> <br /> I <br /> Honorable Aaron S.Y. Chung, Chan, and Members <br /> <br /> i Finance Committee <br /> August 24, 2004 <br /> Page 3 <br /> <br /> j While the remedy for this inequitable tax increase of approximately 250 percent has been <br /> characterized by some as a "windfall" to landowners, it is the City and County which in fact <br /> <br /> ~ stands td reap the benefit from the "windfall" created by Ordinance 02-39 on lands which receive ~ ~ <br /> few if auy municipal services. Meanwhile, farmers who cannot afford the increased taxes will <br /> probabllj abandon their agricultural operations, to the great detriment of the economy and <br /> envirorir~rent of the people of Oahu. Further, these flawed assessed valuations may not be <br /> sustain on appgal (and most have been appealed). Unfortunately, many farmers cannot wait <br /> for the p tcome of the protracted appeals process. We may be on track for a major "lose-lose" <br /> I situati on Oahu, in which the City and County will put many farmers out of business and <br /> ultimat y have to refund much of the taxes wllected on overstated values. <br /> It is tm rtant, in considering an appropriate tax structure for agricultural lands, to understand <br /> that rea~ roperty taxes are intended to pay for municipal services. These services include police, <br /> fire, se~v ,water, etc., that are provided by the County. There needs to be a nexus between the <br /> taxes g paid and the services being received for the property being taxed. For example, <br /> residential properties should be taxed at a level proportionate to the demands they place on the <br /> municip~ services. In the case of agricultural lands, it is difficult to find that rational nexus to <br /> justify a arge tax base, as agricultural users usually have little or no impact on municipal <br /> services. <br /> Also, th tax system should not be used as an enforcement tool for land use. If the land is zoned <br /> for agric tore but is not being used for agriculture, then the remedy is to pursue the matter as a <br /> zoning, 'olation, not through some type of punitive taxation policy. Allowing agricultural land 'i , <br /> to lie fal ow, particularly after scores of yeazs of intensive plantation cultivation, is not I ! <br /> necess ly a bad thing. The federal government pays farmers across the Midwest and elsewhere i + <br /> undz;r m ti-year contracts not to grow crops. ~ <br /> We bel} ve that the County of Hawaii should consider the following: <br /> 1. I axes on all agricultural lands, both dedicated and non-dedicated, should be based on <br /> 'cultur'al activity, not on "market value" determined from sales transactions of lands <br /> hich maY not have been in agricultural use. There should be a fixed assessed valuation <br /> i f land based on its agricultural crop type or use. In this regazd, the County's <br /> oductivity assessment system is exemplary and should be retained for all agricultural <br /> '1 ds. <br /> I <br /> 2. 't'he tax assessment system needs to allow for multiple uses on a single parcel. The taxes <br /> ould reflect the actual use of lands on the parcel, not generalize or blend the <br /> sessment. In particular, waste or unusable lands should not be taxed as if they are <br /> sable. <br /> i <br /> i <br /> II <br /> <br />