BIL 126 Draft 01 2014-2016 - Laserfiche WebLink

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chapter 247, Hawaii Revised Statutes unless a notarized affidavit is signed by the owner stating that the land will continue to be subject to the full requirements of the dedication including any penalties for violation. The director shall record the notarized affidavit with the bureau of conveyances. (C) The maximum period of rollback shall be five years (2) The rollback tax shall commence from the date of the failure to observe the restriction condition or provision or the property's conveyance retroactive to the date the assessment was made pursuant to paragraph (3)(C) of this subsection, but for not more than five years. (A) Failure to observe the restrictions on the use means failure for a period of six consecutive months to use the land in the manner requested in the petition or the overt act of changing the use for any period; provided that the petition by the owner for a change in use as provided in subsection (f) and the owner's subsequent change in use of such dedicated lands, shall not be deemed to constitute a failure of the owner to observe the restrictions on the use. (B) Any other provisions to the contrary notwithstanding when a portion of the dedicated vacant land is subsequently applied to a use other than the use set forth in the original petition onlysuch uch portion as is withdrawn from the dedicated use and is applied to a use other than to the ten year commercial agricultural shall be subject to the rollback tax. (C) The roll back period shall not exceed 5 years in total. (3) Calculating rollback taxes. (A) The rollback tax during the first three year or first ten year dedicated agricultural use period for that applicant shall commence from the date the conversion was made retroactive to the date the agricultural use assessment was approved, but for not more than a period of one year plus the current year. (B) Following the first three year or first ten year dedicated agricultural use period for that applicant, the rollback tax shall commence from the date the conversion was made retroactive to the date the agricultural use assessment was approved. (C) The rollback tax shall be based on the difference between the assessed market value at highest and best use and the vacant land rate at the rate applicable for the respective years. (D) All differences in the amount of taxes that were paid and those that would have been due from assessment in the higher use shall be due and payable with a ten percentep nalty. (E) If the owner of dedicated land breaches a condition of the dedication before its completion, rollback taxes shall be imposed on the subject parcel from the end of the tax year in which the breach occurs retroactive to the date of dedication. (F) In any case in which rollback taxes are imposed after successful completion of a vacant land dedication period, the rollback taxes shall 10