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<br /> <br /> <br /> <br /> <br /> <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 /> (F) And the heirs, surviving spouse, divorced spouse, or <br /> trustee, within sixty days after receiving title to the <br /> property, petitions the director, in writing, to <br /> continue the dedication and the property continues <br /> to qualify for the home exemption as defined in <br /> sections 19-71 and 19-72, or <br /> (G) The dedication shall not be cancelled if the lessee <br /> purchases the leased fee interest from the lessor. <br /> (2) Provided further that, except as provided herein, retroactive <br /> taxes shall not be assessed when: <br /> (A) A person receives title to property dedicated to <br /> nonspeculative residential use by ways of testacy or <br /> <br /> <br /> 4 <br />