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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: Concerns regarding Government Overreach in Restricting Residents and Farmers of Agricultural Zoning Land from Generating Supplemental Incomes by Hosting Transient Accommodation Rentals.

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.] Allow me to begin by acknowledging and honoring your commitment to serving the people of Hawaii County. I am writing to express my deep concern over what I perceive as an arbitrary overreach by the county in restricting residents and farmers of agricultural zoning land subdivided post-1976 from generating supplemental incomes through hosting transient accommodation rental businesses. This action seems to contradict the recent circuit court ruling, which reversed the decision and interpretation of the Land Use Commission and the County of Hawaii on the matter.

I refer specifically to the circuit court ruling document of Rosehill Et. Al. vs. State of Hawai’i Land Use Commission and County of Hawaii which I have reviewed carefully. This ruling reaffirms the rights of residents and farmers in agricultural land to utilize their property for supplemental income generation through transient accommodation rental business, thus contributing to their ability to make ends meet in an increasingly expensive living environment. The circuit court ruling stands as the only valid interpretation of the law until the appeal process has proven otherwise.It is disheartening to note that despite this court order, the county still intends to impose restrictions in the proposed TAR amendment.

https://luc.hawaii.gov/wp-content/uploads/2022/05/070-22-0502_FOF-COL-Decision-and-Order.pdf pg. 27

23. Indeed, no provision of HRS Chapter 205 regulated the period for which a farm dwelling may be rented.

24. As neither the plain language of HRS 205-2 nor 205-4.5 regulated any of the three specific factual elements of a short-term vacation rental as of June 4, 1976, the County’s interpretation of State law, as contemplated in the language of the Ordinance, is incorrect.”

The residents and farmers in agricultural zoning land already face significant challenges in coping with the high cost of living. Many of them rely on their land and the opportunities it presents to create additional income streams and improve their financial situations. These individuals have invested their time, resources, and dedication to cultivate their properties, and they should be allowed to explore sustainable ways to maximize their land’s potential.

The imposition of restrictions on these landowners, particularly when they are in direct conflict with the circuit court ruling, raises serious concerns about government overreach and the infringement of property rights. By hindering the ability of residents and farmers to host transient accommodation rental businesses, the county is effectively limiting their options and potential sources of income, exacerbating their struggles to make ends meet.

I urge the Hawaii County Council to reconsider and reassess the restrictions being imposed on residents and farmers in agricultural zoning land subdivided post-1976. It is crucial to respect the court’s ruling, which affirms their rights to utilize their land for supplemental income generation. By aligning the county’s policies with this ruling, you would demonstrate a commitment to protecting property rights and fostering economic opportunities for your constituents.

I kindly request that you keep me informed of any developments related to this matter. I trust that you will carefully consider my concerns, as well as those shared by many other residents and farmers facing similar challenges. Thank you for your attention to this important issue.

Sincerely,

[Your Name]