MCC §3.48.225
Property tax breaks when the government takes your land
Read the official text at library.municode.com ↗This section lets the county tax director forgive property taxes for the rest of the tax year when the government buys your property or takes it through eminent domain. It also covers cases where the government gets a right to enter your land. You may need to provide proof and pay prorated taxes to get the break.
landowners
The ordinance, as written (Maui County) — Acquisition of property by government
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.
A.
Whenever any real property is acquired for public purposes by the United States, the
State or the County, and whenever any government lease or other tenancy shall terminate,
the director is authorized to remit the taxes due thereon for the balance of the taxation
period or year from and after the date of acquisition of the property, or the termination
of the government lease or other tenancy, as the case may be.
B.
In case the State or the County takes possession of real property which is the subject
of eminent domain proceedings commenced for the acquisition of the fee simple estate
in such land by the State or the County, taxes are authorized to be remitted as provided
in sections 101-35 through 101-39 of the Hawaiʻi Revised Statutes, subject to section
101-39(l).
C.
In case the owner of real property grants to the State or the County a right of entry
with respect to such real property and the State or the County enters into possession
under the authority of the right of entry with intention to acquire the fee simple
estate therein and to devote the real property to public use, the State or the County
shall certify to the director the date upon which it took possession, and upon receipt
of the certificate the director is authorized to remit the real property tax on the
parcel of land or portion of a parcel of land so coming into the possession of the
State or the County for the balance of the taxation period which is subsequent to
the date of possession.
D.
In case the United States takes possession of real property which is the subject of
eminent domain proceedings commenced for the acquisition of the fee simple estate
in such land, taxes are authorized to be remitted for the balance of the taxation
period or year after such taking, as provided in this subsection.
The remission shall be allowed conditionally upon the presentation to the director,
of a written notice and agreement, signed by the person, or one or more of the persons,
owning the land, stating the date of such taking of possession by the United States,
and agreeing that out of the first funds received by such owner or owners from such
condemnation there shall be paid sufficient moneys to discharge the lien for any real
property taxes existing upon the land prorated up to and including the date of such
taking possession of the property; provided, that the notice may be accompanied by
payment of the prorated amount of taxes in lieu of such agreement. Section 101-39
of the Hawaiʻi Revised Statutes is made applicable to such land and the owner or owners
thereof and to the conditional remission authorized by this subsection. It is further
provided that in the event the prorated taxes up to the time of such taking possession
shall not be paid by the owner or by one or more of the owners of the land within
ten days after receipt by such owner or owners of the compensation for the condemnation,
or within such additional time as shall be allowed by the director, then the conditional
remission of taxes shall be void, and such owner or owners shall be liable for all
taxes, penalties, and interest which would have accrued had no such conditional remission
been allowed.
(Ord. 1076 § 3 (part), 1980: prior code § 6-1.35)
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.