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Property Tax Issues – By Jim Greenwell

Farmers and ranchers on both Oahu and the Big Island are wrestling with existing and proposed legislation that represents a major economic threat to the State’s livestock and grazing industry.

The basic question as to how to assess and tax our ag lands requires us to make a fundamental philosophical decision and then stick with it.  The key premise is whether we are going to recognize and respect real property (land and improvements) which is in legitimate agricultural use as being a factor of agricultural production and assess it at its value for the commodity it produces? Alternatively, are we going to treat it as a developable investment asset and assess it at its fair market real estate value or some fraction thereof?

Previously, State Law (¶246-10 HRS) said that land “classified and used for agriculture” is to be valued based on it's value as it relates to it's agricultural use.  However,  several years ago, the State transferred the authority to impose real property taxes to the Counties reserving to the State the right to make exemptions until 1999.  Now,  the counties have the exclusive right to regulate real property taxes.

The Hawaii Cattlemen’s Council (HCC) fully acknowledges that assessing based on fair market values and comparable sales, while in itself complicated, is far easier than having to wrestle with the very complex question of establishing fair ag use production values for each commodity, but there is absolutely no linkage or rationale connecting the two approaches.  If agriculture in Hawaii is to survive much less thrive, the ag productivity valuation approach must be the one and the only basis for assessing all real property that is in legitimate agricultural use.

While there definitely is a place for rural residential and so-called “gentlemen ranchettes”, we need to distinguish those from legitimate or commercial ag.  This requires a good yardstick and maybe the $2,000/year in ag income now being proposed on the Big Island is a reasonable one We feel, however, that small ranches and subsistence producers who may otherwise not  qualify under this yardstick for the ag production benefits should be allowed to include in that figure the value of livestock slaughtered or produce consumed for “home use”.

While the use of ag productivity values must be preserved, we recognize that these values may deserve periodic review and possible adjustment. We suggest that this may best be handled on a statewide basis, commodity-by-commodity, through an entity well equipped with the resources and expertise for the task, perhaps through CTAHR or DOA.

The cattle business is like no other and the range of production value per acre is both very low and very wide. For instance, a recent HCC study concluded that the potential gross revenue per acre from a beef cattle operation could ranged from a high of $226.80 per acre to a low of $1.17 per acre.

Another issue being debated on the Big Island and elsewhere concerns the tax treatment of home sites on ag land. HCC believes that dwellings on land in ag use including the sites of those dwellings which are occupied by people who work on that farm or ranch, whether the home is provided free or at some reduced rent, are legitimate factors of production and just as integral a part of that ag operation as are any other lands or structures (be those pasture lands, a work shed, garage, water tank etc.). Accordingly, HCC feels that ag homesites should not be singled out or treated any differently than any other land or improvement which are a factor of that farm’s or ranch’s production.

Finally, HCC supports a fair and equitable ag dedication program and favors an approach now being considered by Hawaii County where roll-back taxes are adjusted based on the length of compliance actually achieved. HCC also supports enabling pasture lessees with recorded leases of five or more years to dedicate such land for the remaining term of their lease without jeopardy to the interests of the Lessor.

More on Current Property Tax Issues:

Comments related to Real Property Tax Assessment Practices (Bill 49-Hawaii County)-Download

Discussion on Revenue per Acre - Download

Table on Revenue from Production of Calves- Download

Oahu Property Tax Article - Aug 2004 - by Alan Gottlieb - Download

 

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