§246-26  Homes.  (a)  Real propertyowned and occupied only as an individual's or their principal home as of thedate of assessment by any individual or individuals, shall be exempt only tothe following extent from property taxes:

(1)  Totally exempt where the value of the property isnot in excess of $12,000;

(2)  Where the value of the property is in excess of$12,000, the exemption shall be the amount of $12,000.

Provided:

(A)  That no such exemption shall be allowed toany corporation, copartnership, or company;

(B)  That the exemption shall not be allowed onmore than one home for any one taxpayer;

(C)  That where the taxpayer has acquired thetaxpayer's home by a deed made on or after July 1, 1951, the deed shall havebeen recorded on or before December 31 immediately preceding the year for whichthe exemption is claimed;

(D)  That a husband and wife shall not bepermitted exemption of separate homes owned by each of them, unless they areliving separate and apart, in which case they shall be entitled to oneexemption, to be apportioned between each of their respective homes inproportion to the value thereof; and

(E)  That a person living on premises, aportion of which is used for commercial purposes, shall not be entitled to anexemption with respect to such portion, but shall be entitled to an exemptionwith respect to the portion thereof used exclusively as a home.

(b)  The use of a portion of any building orstructure for the purpose of drying coffee and the use of a portion of realproperty, including structures, in connection with the planting and growing forcommercial purposes, or the packing and processing for such purposes, offlowers, plants, or foliage, shall not affect the exemptions provided for bythis section.

(c)  Where two or more individuals jointly, bythe entirety, or in common own or lease land on which their homes are located,each home, if otherwise qualified for the exemption granted by this section,shall receive the exemption.  If a portion of land held jointly, by theentirety, or in common by two or more individuals is not qualified to receivean exemption, such disqualification shall not affect the eligibility for anexemption or exemptions of the remaining portion.

(d)  A taxpayer who is sixty years of age orover and who qualifies under subsection (a) shall be entitled to one of thefollowing multiples of home exemption:


 

Multiple to be Used inComputing

Age of Taxpayer HomeExemption Amount_____

 

60 years of age or over but

not 70 years of age or over 2.0

70 years of age or over 2.5

 

For the purpose of this subsection, a husband andwife who own property jointly, by the entirety or in common, on which a homeexemption under the provisions of subsection (a) has been granted shall beentitled to the applicable multiple of home exemption set forth above when atleast one of the spouses qualifies each year for the applicable multiple ofhome exemption. [L 1896, c 51, §34; am L 1920, c 33, §1; RL 1925, §1331; am L1932 2d, c 41, §4; RL 1935, §1974; am L 1935, c 46, §1; RL 1945, pt of §5149;am L Sp 1949, c 64, §3; am L 1951, c 133, §4; am L 1953, c 134, §1 and c 145,§1; RL 1955, §128-13; am L Sp 1959 1st, c 28, §4; am L 1961, c 60, §3; am L1963, c 8, §1; am L 1964, c 27, §1; am L 1965, c 201, §12; am L 1967, c 46, §1,c 252, §1, and c 284, §1; HRS §246-26; am L 1969, c 88, §1, c 170, §8, and c195, §1; am L 1970, c 180, §20; am L 1971, c 45, §1; am L 1972, c 200, §2; am L1975, c 157, §10; am L 1976, c 6, §1; gen ch 1985]

 

Cross References

 

  Condominium propertyregime, effect of, see §514A‑6.

  Real property taxexemption for homes, see county ordinances.

 

Case Notes

 

  Tenant in common,exemption under prior law.  29 H. 555.

  Leaseholds not exemptunder prior law.  33 H. 214.

  No home exemption forland dedicated under HRS §246‑12.  56 H. 492, 542 P.2d 361.

  Cited:  10 H. 317; 44H. 519, 521, 356 P.2d 1028.