Irrigation Water Dev.

Removes noncultivatable and nonusable lands in determining
acreage assessments in irrigation district boundaries.

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 167-19, Hawaii Revised Statutes, is
 2 amended by amending subsection (b) to read as follows:
 3      "(b)  Upon the board's certification the chairperson, or the
 4 chairperson's designee, shall determine the acreage assessment to
 5 be levied against the property of each land occupier in the
 6 following manner:
 7      (1)  By determining the amount of acreage assessments to be
 8           borne by the agricultural land and the pasture land
 9           within the project according to the proportion
10           previously certified by the board;
11      (2)  By dividing the amount of acreage assessment to be
12           borne by the agricultural land by the number of
13           cultivatable acres [of agricultural land], excluding
14           streams, dry gulches, and noncultivatable or nonusable
15           lands, within the project and multiplying the quotient
16           by the number of [acres] cultivatable acreages of
17           agricultural land, except the board may by rule set a
18           minimum acreage assessment to be assessed upon
19           uncultivatable or unusable lands of the occupier within

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                                     S.B. NO.           S.D. 1

 1           the project; and
 2      (3)  By dividing the amount of acreage assessment to be
 3           borne by the pasture land by the number of acres of
 4           pasture land within the project and multiplying the
 5           quotient by the number of acres of pasture land of the
 6           land occupier within the project.
 7 The acreage assessments shall be in addition to any real property
 8 taxes, and shall be collected by the board together with the
 9 monthly water tolls.  Except in the case of public lands and
10 lands designated as "available lands" under the Hawaiian Homes
11 Commission Act, 1920, acreage assessments shall be a paramount
12 lien against the entire tract, including improvements, of the
13 land occupier of which the assessed agricultural or pasture land,
14 or both, of the land occupier included within the project forms a
15 part.  Acreage assessments levied pursuant to this chapter shall
16 be a lien against each lot or parcel of land assessed from the
17 date of board certification declaring the assessment, and these
18 liens shall have priority over all other liens except real
19 property tax liens and prior recorded state tax liens on real
20 property.  The lien may be foreclosed in the same manner as liens
21 for taxes in accordance with sections 231-61 to 231-70.  In case
22 of the foreclosure of any homestead land pursuant to sections
23 231-61 to 231-70, the foreclosure sale shall be subject to

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                                     S.B. NO.           S.D. 1

 1 chapter 171. In the case of public lands and lands designated as
 2 "available lands" under the Hawaiian Homes Commission Act, 1920,
 3 acreage assessments shall not constitute a lien on the property
 4 involved and notice of any delinquent acreage assessment shall be
 5 served upon either the board of land and natural resources or the
 6 Hawaiian homes commission, [as the case may be,] as applicable,
 7 for payment."
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 9 New statutory material is underscored.
10      SECTION 4.  This Act shall take effect upon its approval.