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COM 0118.043 2002-2004
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COM 0118.043 2002-2004
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Last modified
5/12/2008 5:50:21 PM
Creation date
5/10/2008 1:04:09 AM
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Communications
Communications - Type
COM
Communications - Council Term
2002-2004
Communication
0118
Point
043
Author
Dean Uchida, Executive Director of the Land Use Research Foundation of Hawaii (LURF)
Communications - Referred To
Council
Comments
Presented: Council - 11/10/04
Document Relationships
BIL 049 Draft 04 2002-2004
(Related)
Path:
\Council Records\Bills\2002-2004
COM 0118.000 2002-2004
(Related)
Path:
\Council Records\Communications\2002-2004
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8-04; 1~:34AM;1B085283463 ~BOB5283483 # 5/ t0 <br /> If <br /> lionorabl James Y. Arakaki, C'hainnan, and Members' <br /> County C until I <br /> Novcmbc 10.2004 ~ i i <br /> _ Page 5 <br /> since pl ntation agriculture closed across the State. The current large amounts of vacant, viable ,I <br /> agrcul al lands, in our mind, is more a function of the lack of qualified farmers than of ' <br /> Lando rs "land banking" lands. Moreover, land banking agricultural lands for future I I <br /> agricul~ al uses ,~hould be encouraged as a matter of policy rather than discouraged through <br /> punittvt; real property tax policies. <br /> Thtoq gut th~ 'seussions on agricultural real property taxes, it is important to understand t),raY ~ <br /> real p~ , erty tax s are intended to pay for municipal services. These services inclu a police, fire, <br /> sewer, ~ ater, etc., that are provided by the County. There needs to be a nexus betwAen the taxes <br /> being 1~ d and the services being received for the property being taxed. For example, residential <br /> propert s should, be taxed at a level proportionate to the demands they place on the municipal <br /> services in the case of agricultural lands, it is difficult to find that rational nexus to', justify a <br /> large to base, as agricultural users usually have little or no impact on municipal services. <br /> I In additi n, historically, the real property tax system was used as an "enforcement tool" to make <br /> Lando rs comply with agricultural uses. However, in today's world, the real property tax <br /> systems ould not be used as an enforcement tool for land use. If the land is zoned for <br /> agricul a 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' ' <br /> to lie fal ow, particularly after scores of years of intensive plantation cultivation, is riot I <br /> necessa ly a bad thing. The federal government pays fanners across the Midwest a~td elsewhere <br /> unrlxr m lti-year,contracts not to grow crops. <br /> Finallypp hen I a peered before this Council's Finance Committee in August, the question was ii I <br /> j posed rle azding ow best to create a tax system that addresses the problem of gentlemen estates <br /> in the, ~ icultural district. The focus historically has been on attempting to define "farming," <br /> and if ` antleme~r estates" were not farming, they would be assessed accordingly..q. differer4t ; <br /> <br /> i I appro~~ may be, to focus on improved value on the property rather than the agricul}T,_val use of I <br /> the prop rty. Mtich of the concern we have heazd deals with the large and expensive homes ~ <br /> being c strutted on the agricultural zoned lands. The County may consider setting some <br /> I threshdl based on the value of the improvements made on the property that is reasonable to ~ <br /> allow fo active agricultural users who have a residence on their property. Howeve~, as home <br /> improve ent values exceed this threshold, the homeowner would be taxed at a higher rate. <br /> As a su gestion, we propose that the Council consider the following: <br /> 1. rid two new classes of lands (Section 19-53 (e)) under agriculture called utlusable or <br /> aste lands and vacant lands. Allow the Council to set a special rate for waste or <br /> usable and vacant agricultural lands. <br /> I <br /> li <br /> I <br /> i <br /> ~ ~l <br /> <br />
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