Who Owns the Crown Lands of Hawai‘i?

Who Owns the Crown Lands of Hawai‘i? PDF

Author: Jon M. Van Dyke

Publisher: University of Hawaii Press

Published: 2007-12-31

Total Pages: 505

ISBN-13: 082486560X

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The 1846-1848 Mahele (division) transformed the lands of Hawai‘i from a shared value into private property, but left many issues unresolved. Kauikeaouli (Kamehameha III) agreed to the Mahele, which divided all land among the mō‘ī (king), the ali‘i (chiefs), and the maka‘āinana (commoners), in the hopes of keeping the lands in Hawaiian hands even if a foreign power claimed sovereignty over the Islands. The king’s share was further divided into Government and Crown Lands, the latter managed personally by the ruler until a court decision in 1864 and a statute passed in 1865 declared that they could no longer be bought or sold by the mō‘ī and should be maintained intact for future monarchs. After the illegal overthrow of the monarchy in 1893, Government and Crown Lands were joined together, and after annexation in 1898 they were managed as a public trust by the United States. At statehood in 1959, all but 373,720 acres of Government and Crown Lands were transferred to the State of Hawai‘i. The legal status of Crown Lands remains controversial and misunderstood to this day. In this engrossing work, Jon Van Dyke describes and analyzes in detail the complex cultural and legal history of Hawai‘i’s Crown Lands. He argues that these lands must be examined as a separate entity and their unique status recognized. Government Lands were created to provide for the needs of the general population; Crown Lands were part of the personal domain of Kamehameha III and evolved into a resource designed to support the mō‘ī, who in turn supported the Native Hawaiian people. The question of who owns Hawai‘i’s Crown Lands today is of singular importance for Native Hawaiians in their quest for recognition and sovereignty, and this volume will become a primary resource on a fundamental issue underlying Native Hawaiian birthrights. 64 illus., 6 maps

The Lands of Hawaii

The Lands of Hawaii PDF

Author: Thomas Hawk Creighton

Publisher:

Published: 1978

Total Pages: 442

ISBN-13:

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The story of Hawaii's lands is history and ecology and also politics. In his exploration of the world of planning commissions and ambitious developers, the author details the struggle over land and its uses: the dubious deals, the relentless eating away of open space, the hollow plans and wasted studies. From colonial cabal to the megatrusts of the 1970s, he explains how The Speculating Game has meant huge profits for the few and a vanishing resource for the many. In this book, the author makes recommendations for long-range actions which he knows will be controversial but which he believes to be essential if Hawaii's lands are to maintain any of their natural qualities.

Land and Power in Hawaii

Land and Power in Hawaii PDF

Author: George Cooper

Publisher:

Published: 1990

Total Pages: 560

ISBN-13:

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Describe a pervasive way of conducting private and public affairs in which state and local office holders throughout Hawaii took their personal financial interests into account in their actions as public.

Kahana

Kahana PDF

Author: Robert H. Stauffer

Publisher: University of Hawaii Press

Published: 2003-09-30

Total Pages: 292

ISBN-13: 9780824825904

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This volume is the most detailed case study of land tenure in Hawai‘i. Focusing on kuleana (homestead land) in Kahana, O‘ahu, from 1846 to 1920, the author challenges commonly held views concerning the Great Māhele (Division) of 1846–1855 and its aftermath. There can be no argument that in the fifty years prior to the 1893 overthrow of the Hawaiian monarchy, ninety percent of all land in the Islands passed into the control or ownership of non-Hawaiians. This land grab is often thought to have begun with the Great Māhele and to have been quickly accomplished because of Hawaiians’ ignorance of Western law and the sharp practices of Haole (white) capitalists. What the Great Māhele did create were separate land titles for two types of land (kuleana and ahupua‘a) that were traditionally thought of as indivisible and interconnected, thus undermining an entire social system. With the introduction of land titles and ownership, Hawaiian land could now be bought, sold, mortgaged, and foreclosed. Using land-tenure documents recently made available in the Hawai‘i State Archives’ Foster Collection, the author presents the most complete picture of land transfer to date. The Kahana database reveals that after the 1846 division, large-scale losses did not occur until a hitherto forgotten mortgage and foreclosure law was passed in 1874. Hawaiians fought to keep their land and livelihoods, using legal and other, more innovative, means, including the creation of hui shares. Contrary to popular belief, many of the investors and speculators who benefited from the sale of absentee-owned lands awarded to ali‘i (rulers) were not Haole but Pākē (Chinese). Kahana: How the Land Was Lost explains how Hawaiians of a century ago were divested of their land—and how the past continues to shape the Island’s present as Hawaiians today debate the structure of land-claim settlements.

Who Owns the Crown Lands of Hawai‘i?

Who Owns the Crown Lands of Hawai‘i? PDF

Author: Jon M. Van Dyke

Publisher: University of Hawaii Press

Published: 2007-12-31

Total Pages: 506

ISBN-13: 0824832116

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The 1846-1848 Mahele (division) transformed the lands of Hawai‘i from a shared value into private property, but left many issues unresolved. Kauikeaouli (Kamehameha III) agreed to the Mahele, which divided all land among the mō‘ī (king), the ali‘i (chiefs), and the maka‘āinana (commoners), in the hopes of keeping the lands in Hawaiian hands even if a foreign power claimed sovereignty over the Islands. The king’s share was further divided into Government and Crown Lands, the latter managed personally by the ruler until a court decision in 1864 and a statute passed in 1865 declared that they could no longer be bought or sold by the mō‘ī and should be maintained intact for future monarchs. After the illegal overthrow of the monarchy in 1893, Government and Crown Lands were joined together, and after annexation in 1898 they were managed as a public trust by the United States. At statehood in 1959, all but 373,720 acres of Government and Crown Lands were transferred to the State of Hawai‘i. The legal status of Crown Lands remains controversial and misunderstood to this day. In this engrossing work, Jon Van Dyke describes and analyzes in detail the complex cultural and legal history of Hawai‘i’s Crown Lands. He argues that these lands must be examined as a separate entity and their unique status recognized. Government Lands were created to provide for the needs of the general population; Crown Lands were part of the personal domain of Kamehameha III and evolved into a resource designed to support the mō‘ī, who in turn supported the Native Hawaiian people. The question of who owns Hawai‘i’s Crown Lands today is of singular importance for Native Hawaiians in their quest for recognition and sovereignty, and this volume will become a primary resource on a fundamental issue underlying Native Hawaiian birthrights. 64 illus., 6 maps

The Great Mahele

The Great Mahele PDF

Author: Jon J. Chinen

Publisher: University of Hawaii Press

Published: 2021-05-25

Total Pages: 45

ISBN-13: 0824841395

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This is a book for attorneys, real estate brokers, students, government agencies, and anyone interested in Hawaiian history. Summarizing succinctly the events that led to the end of the feudal system of land tenure in the Islands, the author presents the reader with a clear and informative account of this important reform. Every landowner in Hawaii should be knowledgeable about the Great Mahele, an understanding of which is needed to avoid confusion about land titles and property divisions.

A Dictionary of Hawaiian Legal Land-Terms

A Dictionary of Hawaiian Legal Land-Terms PDF

Author: Native Hawaiian Legal Corporation

Publisher: University of Hawaii Press

Published: 1995-01-01

Total Pages: 204

ISBN-13: 9780824816360

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A Dictionary of Hawaiian Legal Land-Terms is the first reference book of its kind to compile, organize, and explain critical information needed for the accurate translation and interpretation of nineteenth-century Hawaiian land-conveyance documents. Neither life-long residents nor recent newcomers should minimize the influence of Hawaii's unique history on the developments taking place in the state today. Yet for decades the study and translation of century-old documents - Royal Patents, Land Commission Awards, and deeds, to name a few - have been hampered by the lack of a comprehensive research tool. Now, in a single volume, readers have an overview of commonly used words and phrases, survey practices, and documents that were recorded in Hawaiian before the turn of the century. The book also includes Hawaii's appellate cases that have defined such terms. With the publication of A Dictionary of Hawaiian Legal Land-Terms, both professionals and non-professionals, Hawaiians and non-Hawaiians, have gained a valuable key to unlocking and understanding the past.