§246-54  Remission of taxes in cases ofcertain disasters.  In any case of the damage or destruction of realproperty as the result of a tidal wave, earthquake, or volcanic eruption, or asthe result of flood waters overflowing the banks or walls of a river or stream,the tax assessor and tax collector of the district in which such property issituated are authorized to remit taxes due on such property, to the extent andin the manner hereinafter set forth:

(1)  The tax assessor shall determine whether theproperty was wholly destroyed, or was partially destroyed or damaged, and inthe latter event shall determine what percentage of the value of the wholeproperty was destroyed or otherwise lost by reason of the disaster.

(2)  If the property was wholly destroyed the amountremitted shall be such portion of the total tax on the property for the taxyear in which such destruction occurred as shall constitute the portion of thetax year remaining after such destruction.

(3)  If the property was partially destroyed or wasdamaged the percentage of the value destroyed or otherwise lost, determined asprovided in paragraph (1), shall be applied to the total tax on the property,and of the amount of tax so determined there shall be remitted such portion asshall constitute the portion of the tax year remaining after such partialdestruction or damage.

(4)  Application for a remission of taxes pursuant tothis section shall be filed with the assessor on or before June 30 of thetax year involved, or within sixty days after the occurrence of the disaster,whichever is the later.  Any amount of taxes authorized to be remitted by thissection, which has been paid, shall be refunded upon proper applicationtherefor out of real property tax collections of the county concerned, or therefundable amount may be credited against real property taxes of the propercounty, due from the person applying for the refund. [L 1953, c 88, §1; RL1955, §128-37; am L 1967, c 37, §1; HRS §246-54; am L 1969, c 170, §24]