§246-2  Tax base and rate.  Except asexempted or otherwise taxed, all real property in each county shall be subjecteach year to a tax upon sixty per cent or less of its fair market valuedetermined in the manner provided by law, at such rate as shall be determinedin the manner provided in section 248-2.  However, the director of taxation mayuse as the tax base a lesser percentage of fair market value; if the directordoes so the director shall certify to the county council the percentage so usedat the time the director furnishes the council the calculations as to the taxbase pursuant to section 248-2(d), and if the director does not do so thedirector shall certify to the council that the director has used sixty per centof fair market value as the tax base.  Both as to the calculations as to thetax base and also as to the percentage of fair market value used as the taxbase, the director's certificate to the council shall be conclusive insofar asthe validity of any tax rate is concerned, except for the right to appealassessments of real property as may be provided by law.  Whether the directoruses as the tax base sixty per cent of fair market value or some otherpercentage of fair market value, no taxpayer shall be deemed aggrieved by anassessment, nor shall an assessment be lowered, except as the result of adecision on an appeal as provided by law. [L 1932 2d, c 40, pt of §21; RL 1935,pt of §1921; RL 1945, §5139; RL 1955, §128-2; am L Sp 1957, c 1, §14(a); am L1963, c 142, §1; HRS §246-2; am L 1976, c 228, §1; am L 1977, c 139, §1; gen ch1985]

 

Note

 

  Section 248-2referred to in text is repealed.

 

Case Notes

 

  "Fair marketvalue" defined.  33 H. 149.

  Cited:  33 H. 214; 33H. 915.