Start Date
5-12-2019 3:45 PM
End Date
5-12-2019 4:45 PM
Description
Following oral argument in December 2018, the Supreme Court of Hawai’i is currently reviewing the County of Maui’s constitutional authority to define what constitutes “real property” for purposes of assessment, valuation and taxation in a dispute raised by two Maui wind farm operators. The wind farm operators assert that dozens of 327 ft. – 428 ft. tall wind turbine towers and generators are removable “personal property,” and exempt from valuation and taxation. The legal challenge calls into question fundamental appraisal principals, concepts, and determinations necessary to the assessment of what are accessions to land and realty for purposes of valuation and taxation. The dispute questions the concepts of “use,” “utility,” and “value” enhancement to land and realty, in determining whether any affixed property becomes an accession to land. The challenge made by the taxpayers questions Maui County’s constitutional and legislative real property taxation function. The presentation will review and consider common law principles across several state jurisdictions, including distinctions between “personal” and “real” property, factors such as the “removability” or “adaptability” of improvements, fixtures, and other property, and legal standards courts use to determine whether any property has become an accession to land and/or realty.
Recommended Citation
Bilberry, Brian Esq. and Martin, Marcy, "Wind farm improvements and asset appraisal on Maui" (2019). IAAO Annual Legal Seminar. 7.
https://researchexchange.iaao.org/legal/legal19/sessions/7
Wind farm improvements and asset appraisal on Maui
Following oral argument in December 2018, the Supreme Court of Hawai’i is currently reviewing the County of Maui’s constitutional authority to define what constitutes “real property” for purposes of assessment, valuation and taxation in a dispute raised by two Maui wind farm operators. The wind farm operators assert that dozens of 327 ft. – 428 ft. tall wind turbine towers and generators are removable “personal property,” and exempt from valuation and taxation. The legal challenge calls into question fundamental appraisal principals, concepts, and determinations necessary to the assessment of what are accessions to land and realty for purposes of valuation and taxation. The dispute questions the concepts of “use,” “utility,” and “value” enhancement to land and realty, in determining whether any affixed property becomes an accession to land. The challenge made by the taxpayers questions Maui County’s constitutional and legislative real property taxation function. The presentation will review and consider common law principles across several state jurisdictions, including distinctions between “personal” and “real” property, factors such as the “removability” or “adaptability” of improvements, fixtures, and other property, and legal standards courts use to determine whether any property has become an accession to land and/or realty.