HCC §35-13
How landowners can stop a proposed special district
Read the official text at hawaiicounty.gov ↗This section explains how landowners can protest a proposed special district. If enough landowners protest, the district cannot be created. Protests must be in writing and filed before or at the hearing. The council can ignore small mistakes in the protest form.
condominium ownerslandowners
The ordinance, as written (Hawaiʻi County) — Protest by a majority or more
A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
(a) Protests against the proposed ordinance establishing the district may be made in writing by landowners and if made shall be in such form as may be prescribed by the County clerk. All written protests shall be filed with the County clerk before or at the hearing. The council may waive any irregularities in the form or content of any written protest. Written protests may be withdrawn in writing by the owner who protested at any time before the conclusion of the hearing. (b) If the landowners owning lands proposed to be assessed within the district that have a real property tax assessed value of fifty-one percent or more of the total real property tax assessed value of all land proposed to be assessed in the district or if a majority of the owners of land proposed to be assessed in the district file written protests with the council before or at the public hearing against the proposed ordinance establishing the district and if protests are not withdrawn so as to reduce the amount of the protests to less than a majority, the proceedings to create the specified district shall cease. No proceedings to create the district shall again be undertaken for a period of ninety days from the date on which proceedings cease. Council may continue the public hearing or recess the meeting to provide the County clerk time to count the protests and any withdrawals. (c) For the purpose of determining whether the majority of the owners of land have filed protests, the owner of each apartment in a condominium property regime that is specially assessed or proposed to be specially assessed shall have a vote equal to the following fraction: 1/the number of apartments in the condominium property regime which are, or are proposed to be, specially assessed. (d) For the purpose of a protest regarding a parcel of land for which a fee owner and lessee appear on the real property assessment list, a protest by the fee owner, the lessee, or both, shall be counted as a protest for that parcel of land. (2004, ord 04-94, sec 1.)35-13
Published by the County of Hawaiʻi Office of the County Clerk.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.