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AG -TAR restriction Letter 2

Opposition to the Attempted Restriction of Agricultural Zoning Land for TAR opportunities.

Please use the letter below as a sample.

After you copy/paste the letter into your email...

change as much as you can using your own words.

The more personal you can make your letter the more effective it will be! 

You are encouraged to send a copy of your letter to the Mayor and the County Coucil Member of your district.

If more than one letter expresses how you feel you are encouraged to send those letters (with your own words added) as well!

[Your Name]
[Your Address]
[Email Address]
[Phone Number]

[Date]

ATTN: Hawaii County Council Member [Recipient’s Name]

Subject: Opposition to the Attempted Restriction of Agricultural Zoning Land for Transient Accommodation Rental Business.

Dear [Council Member’s Name],

[I am a retiree, working resident, small business owner,… who resides in agricultural-zoning land. OR I am a resident in the county of Hawaii who has friends/families residing in the agricultural-zoning land OR who, one day, wants to become a property owner.] I am writing this letter to express my strong opposition to the proposed restriction on agricultural zoning land, particularly those subdivided after June 4, 1976, from participating in hosting transient accommodation rental business.

It has come to my attention that the current Transient Accommodation Rental (TAR) bill may intend to adhere to the Land Use Commission decision on this matter, despite the fact that it has been ordered to be reversed by the judgment (pending further appeal) of the Circuit Court of Hawaii.

https://luc.hawaii.gov/wp-content/uploads/2022/05/070-22-0502_FOF-COL-Decision-and-Order.pdf pg. 26

16. With respect to the third specific factual element of the County’s definition of “short-term vacation rental,” as of June 4, 1976, HRS Chapter 205 did not prohibit a “farm dwelling” from being rented for a period of thirty (30) consecutive days or less. See id.

20. By its terms, the first clause contains no provision prescribing a minimum rental period.

The restriction imposed on AG lands for transient use is not only against the legal precedent in the state of Hawaii but also contradicts the ongoing legal appeal related to transient rental. I urge you to carefully consider the ramifications of this decision, as it may lead to endless litigation, which will unnecessarily tie up court systems and wastefully utilize Hawaii tax dollars.

The Circuit Court’s judgment clearly indicates that the decision of the Land Use Commission to uphold the county’s restriction placed on AG lands (in ordinance 18-114) is ordered to be reversed. By attempting to implement this restriction, the County Council risks not only undermining the ongoing legal process but also disregarding the rights of landowners who have invested in good faith and have relied on existing legal frameworks.

It is crucial to recognize that the proposed path will not only create division within our community but also burden our already overwhelmed court systems. Hawaii, known for its natural beauty and aloha spirit, should strive to find equitable and sustainable solutions that balance the needs of our agricultural sector with the responsible use of land for economic growth and development.

I respectfully request that you reconsider the proposed restriction and take into account the ongoing legal appeal. It is imperative to uphold the principles of justice and fairness that our legal system is built upon. Let us work together to find a solution that promotes harmonious growth, respects the rights of landowners, and ensures the optimal use of our resources while avoiding unnecessary strain on our courts and finances.

Thank you for your attention to this matter. I trust that you will give due consideration to the concerns raised in this letter. I remain hopeful that the County Council will take the necessary steps to rectify this situation and find a more equitable solution.

Sincerely,

[Your Name]