Who Owns the Crown Lands of Hawai‘i?


Book Description

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




Land and Power in Hawaii


Book Description

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


Book Description

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.




Appendix 1, to ... Report


Book Description







The Great Mahele


Book Description

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.




Kūʻē


Book Description




Life of the Land


Book Description

In this volume, Dana Naone Hall articulates, through essays, testimony, public talks, writings, interviews, and poetry, her 30 years of activism surrounding Native Hawaiian rights to traditional lands- including advocating for burial preservation, which ultimately led to the birth of the Hawaiian burial movement and the creation of state laws to protect remains and establish island burial councils.




Kua‘āina Kahiko


Book Description

In early Hawai‘i, kua‘āina were the hinterlands inhabited by nā kua‘āina, or country folk. Often these were dry, less desirable areas where much skill and hard work were required to wrest a living from the lava landscapes. The ancient district of Kahikinui in southeast Maui is such a kua‘āina and remains one of the largest tracts of undeveloped land in the islands. Named after Tahiti Nui in the Polynesian homeland, its thousands of pristine acres house a treasure trove of archaeological ruins—witnesses to the generations of Hawaiians who made this land their home before it was abandoned in the late nineteenth century. Kua‘āina Kahiko follows kama‘āina archaeologist Patrick Vinton Kirch on a seventeen-year-long research odyssey to rediscover the ancient patterns of life and land in Kahikinui. Through painstaking archaeological survey and detailed excavations, Kirch and his students uncovered thousands of previously undocumented ruins of houses, trails, agricultural fields, shrines, and temples. Kirch describes how, beginning in the early fifteenth century, Native Hawaiians began to permanently inhabit the rocky lands along the vast southern slope of Haleakalā. Eventually these planters transformed Kahikinui into what has been called the greatest continuous zone of dryland planting in the Hawaiian Islands. He relates other fascinating aspects of life in ancient Kahikinui, such as the capture and use of winter rains to create small wet-farming zones, and decodes the complex system of heiau, showing how the orientations of different temple sites provide clues to the gods to whom they were dedicated. Kirch examines the sweeping changes that transformed Kahikinui after European contact, including how some maka'āinana families fell victim to unscrupulous land agents. But also woven throughout the book is the saga of Ka ‘Ohana o Kahikinui, a grass-roots group of Native Hawaiians who successfully struggled to regain access to these Hawaiian lands. Rich with ancedotes of Kirch’s personal experiences over years of field research, Kua'āina Kahiko takes the reader into the little-known world of the ancient kua‘āina.




Nā Kua‘āina


Book Description

The word kua‘âina translates literally as "back land" or "back country." Davianna Pômaika‘i McGregor grew up hearing it as a reference to an awkward or unsophisticated person from the country. However, in the context of the Native Hawaiian cultural renaissance of the late twentieth century, kua‘âina came to refer to those who actively lived Hawaiian culture and kept the spirit of the land alive. The mo‘olelo (oral traditions) recounted in this book reveal how kua‘âina have enabled Native Hawaiians to endure as a unique and dignified people after more than a century of American subjugation and control. The stories are set in rural communities or cultural kîpuka—oases from which traditional Native Hawaiian culture can be regenerated and revitalized. By focusing in turn on an island (Moloka‘i), moku (the districts of Hana, Maui, and Puna, Hawai‘i), and an ahupua‘a (Waipi‘io, Hawai‘i), McGregor examines kua‘âina life ways within distinct traditional land use regimes. The ‘òlelo no‘eau (descriptive proverbs and poetical sayings) for which each area is famous are interpreted, offering valuable insights into the place and its overall role in the cultural practices of Native Hawaiians. Discussion of the landscape and its settlement, the deities who dwelt there, and its rulers is followed by a review of the effects of westernization on kua‘âina in the nineteenth century. McGregor then provides an overview of social and economic changes through the end of the twentieth century and of the elements of continuity still evident in the lives of kua‘âina. The final chapter on Kaho‘olawe demonstrates how kua‘âina from the cultural kîpuka under study have been instrumental in restoring the natural and cultural resources of the island.