BIL 051 Draft 03 1996-1998 - Laserfiche WebLink

Home

. . In case the owner of real property grants to the State or the County a right of entry with respect to such real property and the State or the County enters into possession under the authority of the right of entry with intention to acquire the fee simple estate therein and to devote the real property to public use, the State or the County shall certify to the director the date upon which it took possession, and upon receipt of the certificate the director is authorized to remit the real property tax on the parcel of land or portion of a parcel of land so coming into the possession of the State or the County for the balance of the taxation period which is subsequent to the date of possession. In case the United States takes possession of real property which is the subject of eminent domain proceedings commenced for the acquisition of the fee simple estate in such land, taxes are authorized to be remitted for the balance of the taxation period or year after such taking, as provided in this paragraph. The remission shall be allowed conditionally upon the presentation to the director, of a written notice and agreement, signed by the person, or one or more of the persons, owning the land, stating the date of such taking of possession by the United States, and agreeing that out of the first funds received by such owner or owners from such condemnation there shall be paid sufficient moneys to discharge the lien for any real property taxes existing upon the land prorated up to and including the date of such taking possession of the property, provided that the notice may be accompanied by paYment of the prorated amount of taxes in lieu of such agreement. Section lOl-39,HRS, is hereby made applicable to such land and the owner or owners thereof and to the conditional remission authorized by this paragraph. It is further provided that in the event the prorated taxes up to the time of such taking possession shall not be paid by the owner or by one or more of the owners of the land within ten days after receipt by such owner or owners of the compensation for the condemnation, or within such additional time as shall be allowed by the director, then the conditional remission of taxes shall be void, and such owner or owners shall be liable for all taxes, penalties, and interest which would have accrued had no such conditional remission been allowed. (198l,Ord. No. 6l3,sec.36.) Section 19-36. Remission of taxes in cases of certain disasters. In any case of the damage or destruction of real property as the result of a tidal wave, earthquake, fire, landslides, or volcanic eruption, or as the result of flood waters overflowing the banks or walls of a river or stream, or other disasters the director is authorized to remit taxes due on such property, to the extent and in the manner hereinafter set forth: (1) The director shall determine whether the property was wholly destroyed, or was partially destroyed or damaged, and in the latter event shall determine what percentage of the value -18-