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fifty percent of the lowest dedicated agricultural use category —at 1.,,,.1 ,,.,,,1.1 qida :f, - <br />f if it were to ,+ into agfieulttffai use . No preferential value shall be granted to <br />native forest land unless it is dedicated. <br />(2) Dedicated functional forest land shall be assessed at a preferential per -acre value in its <br />restricted preservation use In determining the value of lands which are classified <br />functional forest the director shall assign a functional forest assessment value as twice <br />the value of the native forest assessment value. No preferential value shall be granted to <br />functional forest land unless it is dedicated. <br />(3) Dedicated successional forest land shall be assessed at a preferential per -acre value in its <br />restricted preservation use In determining the value of lands which are classified <br />successional forest the director shall assign a nominal value of $100. No preferential <br />value shall be granted to successional forest land unless it is dedicated. <br />(d) Breach of dedication. <br />The dedication shall be deemed breached and the tax assessment privilege cancelled <br />retroactive to the date of the dedication, or the latest renewal period, and all differences in the <br />amount of taxes that were paid and those that would have been due from assessment in the <br />higher use shall be payable with a ten percent penalty and the [nati-ve] forest classification <br />shall be rescinded, upon any of the following: <br />(1) Failure of the owner to observe the restrictions on the use of the land; or <br />(2) The cover of native forest species falls below sixty percent for native forest preservation; or <br />(3) The cover of native forest species combined with non-native/non-invasive forest species <br />falls below sixty percent for functional forest preservation; or <br />(4) Failure of the owner to undertake specific actions as outlined in the forest restoration <br />plan; or <br />[(3)](D The property is rezoned to a higher use at the owner's request; or <br />[(4)M The property is subdivided into parcels of less than three acres; or <br />[(] A condominium property regime is declared for the property having condominium <br />units with an area equivalent to less than three acres. Each unit shall be treated as a <br />subdivision into lots of like size; or <br />[(6)]M The dedicated property or any portion thereof is sold by way of a conveyance which is <br />subject to conveyance tax under the terms of chapter 247, Hawaii Revised Statutes, <br />unless the director [ewe] submits a notarized affidavit signed by the owner to <br />the bureau of conveyances stating that the land shall continue to be subject to the full <br />requirements of the dedication, including the full penalties and rollback taxes imposed <br />for violation; or <br />[(7)]fD The dedicated property is not maintained according to sound land management <br />practices such that soil erosion is minimized, foreign species are controlled, and the <br />watershed is protected. <br />[(e) Other- + the +, f�� „twit1-,sta di a� r .+ or -r par-eel,i4 o f that , beiftg <br />Y <br />done,assessed and dedieated as pasttffe may be taken out of pr-oduetion as paft of an appr-oved for -es <br />(1) Saeh a plan indieating the aer-es and area, as well as the speeifie forest r-estomfien <br />to be <br />ll ith and the dir-eeter- of if the Y <br />lan isappfaved, the !and shall eentintie to be given the safne pastiar-e . <br />(2) The 1, 11 .1 to +1, d �+ f fin 1 '.1 e t11.,t the f A <br />C •CVr of LlllCCllt t• yearly 1, L V lUtiitt u � i�� <br />implemented,r-ester-atieft plan is being as well as a signed and nota-fized affi&�,it by a <br />M <br />