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OJ+ZY os p,' <br /> �Idlg� <br /> n <br /> COUNTY OF HAWAII '••:a= STATE OF HAWAII <br /> BILL NO. 75 <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, SECTION 19-89.5 OF THE <br /> HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO <br /> KULEANA LAND EXEMPTIONS. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. The purpose of this measure is to eliminate residential and agricultural zoning <br /> restrictions and allow qualified parcels in residential use, agricultural use or vacant land to be eligible <br /> for a kuleana land exemption. The measure further clarifies that use of a property as a vacation rental <br /> does not qualify as a residential use for the purpose of a kuleana land exemption. <br /> SECTION 2. Chapter 19, Article 10, Section 19-89.5 of the Hawai`i County Code 1983 (2005 <br /> Edition, as amended) is amended by revising as follows: <br /> Section 19-89.5. Kuleana land exemption. <br /> (a) For the purposes of this section, "kuleana land" means those lands granted to native <br /> tenants pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of <br /> the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting <br /> to the Common People Allodial Titles for Their Own Lands and House Lots, and <br /> Certain Other Privileges," as amended by L. 1851, p.98, entitled "An Act to Amend an <br /> Act Granting to the Common People Allodial Titles for Their Own Lands and House <br /> Lots, and Certain Other Privileges" and as further amended by subsequent legislation. <br /> (b) Those portions of real property [zoned as residential or agricultural] in residential use, <br /> agricultural use or vacant land and designated as kuleana land, shall pay the minimum <br /> real property tax set forth in subsection 19-90(e) as long as the real property is owned in <br /> whole or in part by a lineal descendant of the person(s) that received the original title to <br /> the kuleana land. Residential use shall not include vacation rental use. <br /> (c) An application for this exemption shall be filed with the director on forms prescribed by <br /> the director. The application shall include documents verifying ownership of the <br /> portion of the parcel and that the condition set forth in subsection (b) has been satisfied. <br /> Verification of the condition set forth in subsection (b) shall be satisfied by either <br /> genealogy verification by the Office of Hawaiian Affairs or by court order stating that <br /> the applicant is a lineal descendant of the person(s) that received the original title to the <br /> kuleana land. The applicant/landowner shall be responsible for all costs. <br />