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