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



(1)  Totally exempt where the value of the property is
not 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 to
any corporation, copartnership, or company;



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



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



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



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



(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.



(c)  Where two or more individuals jointly, by
the 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 the
entirety, or in common by two or more individuals is not qualified to receive
an exemption, such disqualification shall not affect the eligibility for an
exemption or exemptions of the remaining portion.



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







 



Multiple to be Used in
Computing



Age of Taxpayer Home
Exemption 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 and
wife who own property jointly, by the entirety or in common, on which a home
exemption under the provisions of subsection (a) has been granted shall be
entitled to the applicable multiple of home exemption set forth above when at
least one of the spouses qualifies each year for the applicable multiple of
home exemption. [L 1896, c 51, §34; am L 1920, c 33, §1; RL 1925, §1331; am L
1932 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 L
1963, 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 c
195, §1; am L 1970, c 180, §20; am L 1971, c 45, §1; am L 1972, c 200, §2; am L
1975, c 157, §10; am L 1976, c 6, §1; gen ch 1985]



 



Cross References



 



  Condominium property
regime, effect of, see §514A‑6.



  Real property tax
exemption for homes, see county ordinances.



 



Case Notes



 



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



  Leaseholds not exempt
under prior law.  33 H. 214.



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



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