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HomeMy WebLinkAboutRES 010 Draft 01 1992-1994COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 10 93 A RESOLUTION IN SUPPORT OF A ONE YEAR POSTPONEMENT OF REAL PROPERTY TAX ASSESSMENT ON PRODUCTIVE AGRICULTURE LANDS WHEREAS, Chapter 19, Article 7, Section 19-53 of the Hawaii County Code, as amended, authorizes the Director of Finance to perform an annual assessment of taxable real property according to fair market value in the County of Hawaii; and WHEREAS, Section 19-53 further provides that the value of land classified and used for agriculture, whether such lands are dedicated or not, shall, for real property tax purposes, be the value for agricultural use without regard to any value that such land might have for other purposes or uses; and WHEREAS, in determining the value of such lands, for real estate tax purposes, the County Code specifies that due consideration be given to the productivity and nature of agricultural use; and WHEREAS, many parcels of undedicated land on the Big Island which were previously in sugar production but have since been left to fallow are now in the process of being assessed on the basis of highest and best use as determined by recent land sales in the area; and WHEREAS, the intent of the County Council is three-fold: 1) to discourage speculation of our prime agricultural lands; 2) to encourage the owners of these lands to maintain their lands in productive agricultural use; 3) to provide real property tax incentives to legitimate farmers; and WHEREAS, it is the Council's belief that the assessment of fallowed former productive sugar cane lands to a higher assessment level without first determining the landowner's intentions would be counter-productive to the Council's intent and only serve to penalize legitimate farmers and foster the sale of productive ag lands. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it requests the Mayor to establish a one year moratorium on assessing at fair market value former sugar cane lands for real property tax purposes in the County of Hawaii effective January 1, 1993. BE IT FURTHER RESOLVED that the lands effected by this moratorium shall be limited to agricultural zoned lands which were removed from sugar cane production and are now being maintained as fallowed lands awaiting alternative agricultural uses. BE IT FURTHER RESOLVED that true copies of this resolution be transmitted to the Honorable Stephen K. Yamashiro, Mayor, County of Hawaii, and Gary Kiyota, Administrator, Real Property Division. Dated at Hilo, Hawaii, this 27th day of January 1993. INTRODUCED BY: CO NCILMEMBER, COUNT OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was the vote indimted to the right hereof adopted by the COUN( of the County of Hawaii on ~ a ~2 7 . 19 9 3 ATTEST: ~\~r l ~~ U CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX AItAKAKI BI~Il(-A&tpPT3(.IJ X i X I)E LIMA DQ~tLWUU X X SCHUTTE X 9 Reference C-7 2 / PC - 5 RESOLUTION NO. 1~ 9$