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BIL 176 Draft 03 2002-2004
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BIL 176 Draft 03 2002-2004
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Entry Properties
Last modified
6/25/2008 9:00:12 PM
Creation date
5/10/2008 1:00:59 AM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2002-2004
Bill/Resolution
176
Draft
03
Introducer
Aaron S. Y. Chung, Council Member Chair, Finance Committee
Referred To
Council
Action 1
Council: Bill 176, Draft 3; passes 1st rdg.and adopt FC-299- 10/20/04
Action 2
Council: Bill 176, Draft 3 passes 2nd & final rdg. - 11/10/04
Status
Adopted
Date To Mayor or Adoption Date
11/16/2004
Reading Number
1
Reading Date
10/20/2004
Ayes
6-Arakaki;Elarionoff;Holschuh, M. D.;Jacobson;Reynolds;Tyler, III
Noes
1-Safarik
Absent
2-Chung;Tulang
Excused
0-
Reading Number .
2
Reading Date .
11/10/2004
Ayes .
7-Arakaki;Chung;Elarionoff;Holschuh, M. D.;Jacobson;Tulang;Tyler, III
Noes .
0-
Absent .
2-Reynolds;Safarik
Excused .
0-
Document Relationships
AGE COUNCIL 10/20/2004 2002-2004
(Related)
Path:
\Council Records\Agendas\2002-2004\Council
AGE COUNCIL 11/10/2004 2002-2004
(Related)
Path:
\Council Records\Agendas\2002-2004\Council
COM 0394.006 2002-2004
(Related)
Path:
\Council Records\Communications\2002-2004
COM 0394.008 2002-2004
(Related)
Path:
\Council Records\Communications\2002-2004
COM 0394.008 2002-2004
(Related To)
Path:
\Council Records\Communications\2002-2004
ORD 2004-122 2002-2004
(Related To)
Path:
\Council Records\Ordinances\2004
ORD 2004-122 2002-2004
(Related)
Path:
\Council Records\Ordinances\2004
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pursuant to the terms and conditions of sections 19-71 and 19-72. If the finding is <br /> favorable to the owner, the director shall approve the petition and declare the property to <br /> be dedicated to nonspeculative residential use. In order to place prospective buyers on <br /> notice of the dedicated status and the retroactive tax liability, the petitioner shall within <br /> sixty days of the notice of approval of the petition record the notice of dedication in <br /> accordance with the procedures established by the bureau of conveyances. The petitioner <br /> shall furnish the director with a copy of the recorded notice. Nonrecordation of the <br /> notice, within the prescribed period, shall be grounds for disallowance of the dedication. <br /> (d) Each petition for dedication shall be for [ten-year] five- or ten-year periods. At least one <br /> hundred eighty days prior to the cancellation, the department of finance shall notify the <br /> owners by mail of such cancellation. The owner shall reapply for renewal of the <br /> dedication by filing an application with the director on or before September 1 of the <br /> [tenth] fifth or tenth year. The renewal petition shall, in all respects, be processed <br /> similazly to an original petition. Upon approval by the director of succeeding <br /> dedications, the assessed valuation shall continue to be assessed in accordance with the <br /> provisions of the nonspeculative residential use dedication. <br /> <br /> (e) In the case of a renewal which immediately follows an expiring term, the assessment base <br /> for the new five- or ten-veaz dedication term shall be the dedicated value on the <br /> expiration date plus fifty percent of the amount of increase between the dedicated value <br /> and the mazket valuation as of January 1, [following] preceding the termination of the <br /> dedication term. <br /> (f) If, during any period of dedication, any breach of the dedication requirements should <br /> occur, the special nonspeculative residential use assessment privilege shall be canceled <br /> and retroactive taxes shall be imposed. Breach of the dedication shall include the failure <br /> to maintain the home exemption status of the property, violating the exclusive residential <br /> use provision, dedicating the property to agricultural use or receiving the benefit of the <br /> agricultural use assessment, subdivision of the property into separate parcels, or the <br /> declaration of a condominium property regime, or the sale of the dedicated property or <br /> any portion thereof sold by way of a conveyance which is subject to conveyance tax <br /> under the terms of chapter 247, Hawaii Revised Statutes. Retroactive taxes due and <br /> owing as a result of the breach shall be a paramount lien on the property. <br /> (I) Provided, that the nonspeculative residential use dedication shall not be breached <br /> if the dedicated property meets the criteria as listed below: <br /> The following also includes provisions that aze not subject to the <br /> conveyance tax under the terms of chapter 247, Hawaii Revised Statutes, and are <br /> included for further clarification. <br /> (A) Transferred to the owner's heirs by testacy or intestacy, <br /> (B) Jointly owned by spouses and upon the death of one spouse ownership is <br /> transferred to the surviving spouse, <br /> 2 <br /> <br />
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