MCC §14.38.030
County's right to approve or protest improvement costs and get reimbursed
Read the official text at library.municode.com ↗This section says the county can approve or protest improvement district costs just like a private landowner. It also explains how the county gets reimbursed from state and federal money for costs on public or exempt land, and what happens if exempt land is sold or leased.
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The ordinance, as written (Maui County) — Payment of cost—Right of approval or protest—Reimbursement
A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.
Where any part of the cost is to be paid by the county pursuant to section 14.38.020 , the council shall have the same right of approval, including the right to join in
petitions filed pursuant to section 14.40.020 , or protest as though the county were the private owner of the public or exempted
lands so involved. As to such expenditure for public and exempt lands, the county
shall be entitled to be reimbursed out of state revenues as provided by section 67-8
of the Hawaiʻi Revised Statutes, as follows: by appropriations to be made from time
to time by the Legislature to the extent of 50 percent of all assessments regularly
apportioned against property owned by persons, corporations, or entities which are
part of any improvement district and are exempted by law from the payment of such
assessments; and the full amount of assessments regularly apportioned against public
lands which are a part of any improvement district, which public lands are owned in
fee simple by the United States, or by the state, and which are not set aside for
schools maintained by the county, or for county parks, or for other county purposes
or for street areas or frontages; provided, that in case any land exempted by law
from assessments as herein provided, other than public land, or any part thereof,
is sold or leased after the establishment of an improvement district, the grantee
in the one case, and the lessor in the other, shall assume the payment of assessments
from the date of such sale or lease in the same manner as if the property had not
been exempted from assessments and as if assessments apportionable against the property
had been paid in installments to such date of sale or lease; and all payments received
from such grantee or lessor, as the case may be, shall be paid into the permanent
improvement fund. Nothing in this section shall be taken to prejudice any rights of
the state to reimbursement from the United States for assessments assumed in this
chapter by the state, but the latter shall be subrogated to the rights of the county
on such assessments so assumed.
(Ord. 801 § 1 (part), 1974: prior code § 25-1.5.1)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026
Published by the County of Maui through Municode.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.