In Re the Tax Appeal of Palk

542 P.2d 361, 56 Haw. 492, 1975 Haw. LEXIS 123
CourtHawaii Supreme Court
DecidedNovember 12, 1975
DocketNO. 5576
StatusPublished
Cited by14 cases

This text of 542 P.2d 361 (In Re the Tax Appeal of Palk) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Tax Appeal of Palk, 542 P.2d 361, 56 Haw. 492, 1975 Haw. LEXIS 123 (haw 1975).

Opinions

[493]*493OPINION OF THE COURT BY

KOBAYASHI, J.

Robert Palk (appellant) appeals from a judgment of the tax appeal court. The question on this appeal is whether land dedicated under HRS § 246-12, for “specific ranching or other agricultural purposes”, can be used concurrently as one’s home and thus qualify for the property tax home exemption provided by HRS § 246-26. The tax appeal court concluded that the benefit of taxpayer’s home exemption does not extend to land that has been dedicated. We affirm.

STATEMENT OF THE CASE

On August 21, 1967, the appellant filed a petition with the Director of Taxation (director) for dedication of a 2.5 acre parcel of land (parcel or land) for “private, noncommercial agricultural use” pursuant to HRS § 246-12. Appellant lived on the parcel and had been using most of it to produce agricultural products for personal consumption.

The director approved the dedication of 2.386 acres of appellant’s land but would not accept the remaining .114 acre which the director designated as appellant’s “homesite”.

Subsequently, appellant’s parcel was assessed on two different bases for real property tax purposes. In tax year 1972, for example, the portion of appellant’s land designated by the director as “homesite” was assessed as such at $6652 per acre, and the remaining 2.386 acres were assessed as agricultural land at $1750 per acre. More importantly, the director limited the application of appellant’s § 246-26 home exemption only to the portion of the parcel designated as appellant’s “homesite”; the dedicated portion was deemed unqualified for the exemption.

In 1972 the appellant was 77 years of age.

In the instant case, the appellant’s home exemption exceeded the total assessed value of his 2.5 acre parcel of land.1 [494]*494However, appellant was able to apply the home exemption only to the undedicated portion of his parcel of land. The director refused to allow application of appellant’s home exemption to the dedicated portion of the parcel of land.

On September 12, 1972, appellant filed a Notice of Real Property Tax Appeal with the Board of Review for the First Taxation District. His principal objection was that the director denied him application of his multiple home exemption to the dedicated portion of his land. While the case was pending, the director increased the “homesite” from .114 acre to .250 acre. This increase in “homesite” reduced appellant’s tax by including more of his land under the multiple exemption but still left him with some tax liability.

The Board of Review rendered a decision on May 7, 1973, affirming the director’s position that appellant’s multiple home exemption did not apply to the dedicated portion of his land. On appeal, the tax appeal court sustained the decision of the Board of Review.

Appellant appeals to this court. His principal contentions are that:

1. The tax appeal court’s decision conflicts with the legislative intent to make § 246-12 complementary to the existing real property tax structure so as to encourage dedication of land;

2. The term “entire homestead” in HRS § 246-27 includes land dedicated for agricultural purposes and used as taxpayer’s home, and so, dedicated land is still subject to the taxpayer’s home exemption if it so qualified prior to dedication.

RELEVANT STATUTES

A. HRS § 246-12 Dedicated lands, in pertinent parts, provides as follows:

§246-12 Dedicated lands, (a) A special land reserve is established to enable the owner of any parcel of land [495]*495within an agricultural district, a rural district, a conservation district, or an urban district to dedicate his land for a specific ranching or other agricultural use and to have his land assessed at its value in such use ....
(b)If any owner desires to use his land for a specific ranching or other agricultural use and to have his land assessed at its value in this use, he shall so petition the director of taxation and declare in his petition that his land can best be used for the purpose for which he requests permission to dedicate his land and that if his petition is approved he will use his land for this purpose.
(c) The approval by the director of taxation of the petition to dedicate shall constitute a forfeiture on the part of the owner of any right to change the use of his land for a minimum period often years, automatically renewable indefinitely, subject to cancellation by either the owner or the director of taxation upon five years’ notice at any time after the end of the fifth year. In case of a change in major land use classification by a state agency, such that the owner’s land is placed within an urban district, the dedication may be cancelled within sixty days of the change, without the five years’ notice, by mutual agreement of the owner- and the director of taxation.
(d) Failure of the owner to observe the restrictions on the use of his land shall cancel the special tax assessment privilege retroactive to the date of the petition, and 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 payable with a five per cent a year penalty from the respective dates that these payments would have been due. . . . (Emphasis added.)

B. HRS § 246-26 Homes (Supp. 1974), in pertinent parts, provides as follows:

§246-26Homes. (a) Real property owned and occupied only as his or their home by any individual or individuals, shall be exempt only to the following extent from property taxes:
[496]*496(1) Totally exempt where the value of the property is not in excess of $8,000;
(2) Where the value of such property is in excess of $8,000, the exemption shall be the amount of $8,000.
(b) The use of a portion of any building or structure for the purpose of drying coffee and the use of a portion of real property, including structures, in connection with the planting and growing for commercial purposes, or the packing and processing for such purposes, of flowers, plants, or foliage, shall not affect the exemptions provided for by this section.
(d) A taxpayer who is sixty years of age or over and who qualifies under subsection 246-26(a) shall be entitled to one of the following multiples of home exemption:
Multiple to be Used in Computing Home Exemption Age of Taxpayer
60 years of age or over but not 70 years of age or over 2.0

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In Re the Tax Appeal of Palk
542 P.2d 361 (Hawaii Supreme Court, 1975)

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Bluebook (online)
542 P.2d 361, 56 Haw. 492, 1975 Haw. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-tax-appeal-of-palk-haw-1975.