KCC §26-2.9

Stopping a District When Many Owners Protest

Read the official text at ecode360.com ↗

If more than 55% of the land owners (or owners of more than 55% of the land) file written protests before or at the hearing, the district creation stops. If the protests are only about a specific improvement or tax, the district can still be created but that item is dropped. After a stop, you must wait one year before trying again.

landowners

The ordinance, as written (Kauaʻi County) — Protest by More Than Fifty-Five Percent (55%)

A copy, taken August 22, 2026. The version published by Kauaʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.

If the owners of more than fifty-five percent (55%) of the land or if more than fifty-five percent (55%) of the owners of the land proposed to be included in the district file written protests with the Council before or at the hearing against the establishment of the district and if protests are not withdrawn so as to reduce the amount of the protests to fifty-five percent (55%) or less, the proceedings to create the specified district shall cease. No proceedings to create the district shall again be undertaken for a period of one (1) year from the close of the hearing.If the protests of the owners of more than fifty-five percent (55%) of the land or more than fifty-five percent (55%) of the owners of land are only against the furnishing of a specified special improvement or against levying a specified special tax, then proceedings to create the district may continue, but the specified special improvement or special tax shall not be part of the applicable ordinance of formation (if approved).

Read the official text at ecode360.com ↗as published Jan 1, 2026our copy taken Aug 22, 2026

The County of Kauaʻi publishes this code through eCode360 and states that it is provided for information only and should not be considered the official version of the Code.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.