ORD 2008-011 2006-2008 - Laserfiche WebLink

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..a COUNTY OF HAWAII STATE OF HAWAII ••,n~Of N~+ BILL NO. 207 ORDINANCE NO. 08' (DRAFT 3 ) AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 1Q HAWAI`I 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 those portions of real property zoned as residential or agricultural and 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. (al For the purposes of this section, "kuleana land" means those lands granted to native tenants pursuant to L. 1850, p. 202, entitled "An Act Confinxring Certain Resolutions of the King and Privy Council, Passed on the 21S` Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileees," 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 Privileees" and as further amended by subsequent legislation. (b) Those portions of real property zoned as residential or agricultural, and designated as_kuleana land, shall pay the minimum real property tax set forth in subsection 1.9-90~ as long as the real property is owned in whole or in Hart 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 (bl has been satisfied. Verification of the condition set forth in subsection (b) shall be satisfied by either genealoev 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. The ayplicant/landowner shall be responsible for all costs. "