BIL 207 Draft 01 2006-2008 - Laserfiche WebLink

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Mir or h~ COUNTY OF HAWAII STATE OF HAWAII . ; BILL NO. 20~ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, HAWAII COUNTY CODE (2005 EDITION, AS AMENDED), ESTABLISHING A REAL PROPERTY TAX EXEMPTION FOR KULEANA LAND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1. Purpose. The purpose of this ordinance is to establish a tax exemption for properties designated as kuleana land. The ordinance would establish a real property tax exemption for real property zoned as residential or agricultural, any portion of which is designated as kuleana land, if the property is owned in whole or in part by a lineal descendant of the person(s) that received the original title to the kuleana land. The ordinance also makes conforming amendments. SECTION 2. Chapter 19, Article 10, Hawaii County Code (2005 Edition, as amended), "Exemptions," is amended by adding a new section to be appropriately designated and read as follows: "Sec. 19-89.5 Kuleana land exemption. (a) For the pumoses of this section, "kuleana land" means those lands granted to native tenants pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21 s` Day of December, A.D. 1849, Grantine to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges," as amended by L. 1851, p.98, entitled "an Act to Amend An Act Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges" and as further amended b s~quent legislation. (b) Real property zoned as residential or agricultural, anyportion of which is designated as kuleana land, shall pay the minimum real property tax set forth in subsection 19-90(g) as long as the real property is owned in whole or in part by a lineal descendant of the person(s) that received the original title to the kuleana land. (c) An application for this exemption shall be filed with the director on forms prescribed by the director. The application shall include documents verifying ownership of the portion of the parcel and that the condition set forth in subsection L) has been satisfied. Verification of the condition set forth in subsection Lb1 shall be satisfied by either genealogy verification by the Office of Hawaiian Affairs or by court order stating that the applicant is a lineal descendant of the person(s) that received the original title to the kuleana land.