Ka Wai Ola - Office of Hawaiian Affairs, Volume 38, Number 12, 1 Kekemapa 2021 — Landmark Bill Approved by Maui County Council [ARTICLE]

Landmark Bill Approved by Maui County Council

'Āina Kūpuna Tax Relief

By Puanani Fernandez-Akamine Agroundbreaking tax relief bill that directly impacts Native Hawaiians in Maui County passed its second reading with unanimous approval by the Maui County Council on November 19. Introduced by County Council Vice Chair Keani Raw-lins-Fernandez, Bill 118, "A Bill for an Ordinance Relating to 'Āina Kūpuna Lands," will amend the county tax code for land dedicated as " aina kūpuna." This ammendment to Maui County's tax code is expected to set a precedent for other counties to consider similar tax relief for Native Hawaiians and other longtime kama'āina families who are being taxed out of their homes due to real estate speculationby outside investors. "Ihe Maui County Council has passed landmark legislation that protects lineal descendants who remain stewards of their ancestral aina within the Special Management Area (SMA), and prevents kupa 'āina ffom being priced off their family lands," said Rawlins-Fernandez. "I plan to continue this momentum with my next legislation, "'Āina 'Ohana," whieh aims to offer respite for lineal descendants outside of the SMA, and to continue working with my counterparts on other county councils who have already expressed interest in passing similar legislation in their respective counties to protect the

kuleana and legacy of Kānaka 'Ōiwi, as this is an issue across the pae aina." Bill 118 identifies "aina kūpuna" as real property owned in whole or in part in fee simple by one or more descendants of the person who owned the propety at least eight years prior to the application. It allows the lineal descendants of 'ohana land to "dedicate" it as aina kūpuna. 'Ohana lands dedicated as aina kūpuna will be levied the minimum annual property tax (about $350/year in Maui County). During the lO-year dedication period, the land cannot be sold to a non-lin-eal descendant. To maintain aina kūpuna status, 'ohana must renew the dedication before the lO-year period ends. For the Chang-Kukahiko 'ohana of Makena, Maui, this victory has been a long time coming. Ed Chang, Jr., is a fifth-generation descendant of the Kukahiko 'ohana, and for years he has been at the forefront of the battle to protect their remaining 'ohana lands. For Chang, who will be 90-years-old in a few months, victory is sweet. "I am overjoyed with the passing of Bill 118 that enables my family to plan for a continued future in Makena," he said. "For many 'ohana like ours, it has been an overwhelming challenge to hold on to our aina kūpuna," added sixth-generation Kukahiko descendant Keiki Kawai'ae'a. "Unfortunately, high-end upscale speculation and development have resulted in exorbitant taxes that, over

time, have displaced and separated families from their ancestral lands. We are grateful to Council Vice Chair Keani Rawlins-Fernandez for championing this legislation and for the support of the Maui County Council in passing this long-overdue bill that provides tax relief through a lO-year renewable land dedication ordinance." ■ IheMaui County Real Property Assessment Division is now accepting information from potential 'āina kūpuna applicants. The deadline to apply for the current fiscal year will be December 31, 2021. Interested property owners should email rpa@co.maui. hi.us to request placement on the 'āina kūpuna applieation mailing list. The email should include the following information: name, the TMKfor the property, and a mailing address. The division will mail applications to those on the list, and to upload the application to the mauipropertytax.com "forms" link onee the bill is signed into law by Maui County Mayor Miehael Victorino. To read the original Ka Wai Ola article about the Chang-Kukahiko 'ohana's fight to hold on to their aina kūpuna and watch the Taxed Out video go to: www. kawaiola.news/cover/taxed-out/