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OFFICE OF HAWAIIAN AFFAIRS 711 Hapiola ni Boulevard, Suite 500 Honolulu, Hawaii 96613 (808) 594-1888 HAWAII COUNTY COUNCIL 28' SESSION Sill No. 207 (Draft 3): AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, HAWAII COUNTY CODE (2005 EDITION, AS AMENDED), ESTABLISHING A REAL PROPERTY TAR EXEMPTION FOR KULEANA LAND. DATE: January 24, 2008 TIME: 8:30 a.m. Council Meeting; 10:30 a.m. on Agenda PLACE: Hawaii County Council, 333 Kilauea Avenue (Ben Franklin Building), Second Floor, Council Room, Hilo, Hawaii Aloha, Chair Hoffman and Members. The Office of Hawaiian Affairs (OHA) supports the intent of this measure, Bill No. 207 (Draft 3), which would establish a real property tax exemption for kuleana land. To Hawaiian families, kuleana lands represent a lasting legacy of their monarchy and their ohana. For over one hundred years, the Hawaiian people have seen the loss of their traditional family kuleana to the point that there are now very few Hawaiian families living on kuleana lands. It is essential to give those remaining families the best opportunity to retain in their ohana the lands that were granted to their ancestors by their king. Today's economic environment has resulted in increasing pressure on residents of kuleana land in the form of sharp increases in the presumptive value of their kuleana lands and consequent higher property taxes. Many Hawaiian families living on kuleana lands face the loss of the land and legacy, as well as the potential for homelessness, because they cannot afford the property tax assessments based on the supposed "fair market value" of their kuleana lands. These kuleana lands are the gift and legacy of King Kamehameha IV. Over the generations, these ohana have continued to malama `aina - care for the land - in order that their descendants will be able to continue to enjoy that legacy. The "value" of these kuleana lands, therefore, is without measure since one cannot place a price tag on the love and nurturing that generations put into their land. In short, there is no true "fair market value" for kuleana lands and it is a fallacy to tie the taxes on kuleana lands to a presumptive "fair market value." Doing so places an inequitable burden on Hawaiian families. 0 This measure would ameliorate the effects of real property tax increases on persons living on kuleana land. Further, it will help to avoid the social, economic, and cultural disruptions likely to occur if ~O g Hawaiian families lose their kuleana lands. S The language of this measure is similar, but not identical, to kuleana-land tax-exemption language recently approved by the OHA Board of o m Trustees (BOT). For example, unlike the measure before you, the BOT's v ec %