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<br />(-I}]~ If, during any period of dedication, any breach of the dedication
<br />requirements should occur, the special nonspeculative residential
<br />use assessment privilege shall be canceled and retroactive taxes
<br />shall be imposed. Breach of the dedication shall include the failure
<br />to maintain the home exemption status of the property, violating
<br />the exclusive residential use provision, dedicating the property to
<br />agricultural use or receiving the benefit of the agricultural use
<br />assessment, subdivision of the property into separate parcels, or the
<br />declaration of a condominium property regime, or the sale of the
<br />dedicated property or any portion thereof sold by way of a
<br />conveyance which is subject to conveyance tax under the terms of
<br />chapter 247, Hawaii Revised Statutes. Retroactive taxes due and
<br />owing as a result of the breach shall be a paramount lien on the
<br />property.
<br />(1) Provided, that the nonspeculative residential use dedication
<br />shall not be breached if the dedicated property meets the
<br />criteria as listed below:
<br />The following also includes provisions that are not
<br />subject to the conveyance tax under the terms of chapter
<br />247, Hawaii Revised Statutes, and are included for further
<br />clarification.
<br />(A) Transferred to the owner's heirs by testacy or
<br />intestacy,
<br />(B) Jointly owned by spouses and upon the death of one
<br />spouse ownership is transferred to the surviving
<br />spouse,
<br />(C) Transferred to a spouse or former spouse in
<br />connection with a property settlement agreement or
<br />decree of dissolution of a marriage or legal
<br />separation,
<br />(D) Transferred to a trustee for the beneficial use of a
<br />spouse, or the surviving spouse of a deceased
<br />transferor, or by a trustee of such a trust to the
<br />spouse of the trustor,
<br />(E) Subject to a title change between spouses and said
<br />change does not result in a loss of the home
<br />exemption status,
<br />4
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