Who Owns the Crown Lands of Hawai'i?

ISBN-10: 0824832116
ISBN-13: 9780824832117
Edition: 2008
Authors: Jon M. Van Dyke
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Description: The 1846 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 m#x014D; '#x012B; (king), the  More...

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Book details

Copyright year: 2008
Publisher: University of Hawaii Press
Binding: Paperback
Pages: 485
Size: 7.50" wide x 10.50" long x 1.25" tall
Weight: 2.288
Language: English

The 1846 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 m#x014D; '#x012B; (king), the ali'i (chiefs), and the maka'#x0101; #x012B; nana (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 m#x014D; '#x012B; 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 m#x014D; '#x012B; , who in turn supported the Native Hawaiian people. The question of who owns Hawai'i's Crown Lands today is of singular importance forNative Hawaiians in their quest for recognition and sovereignty, and this volume will become a primary resource on a fundamental issue underlying Native Hawaiian birthrights.

Foreword
Acknowledgments
Introduction
Land Tenure on the Eve of Western Contact
Before the Mahele
The Mahele
The Government Lands
The Transfer of Lands from Kauikeaouli to Alexander Liholiho (1854-55)
The Passing of Alexander Liholiho (1863)
In the Matter of the Estate of His Majesty Kamehameha IV (1864)
The 1865 Statute Making the Crown Lands Inalienable
The Ascension of William Charles Lunalilo to the Throne (1872)
The Transition between the Kamehameha Line and Kalakaua's Keawe-a-Heulu Line
Claus Spreckels, Princess Ruth Ke'elikolani, and the Claim to a Half Interest in the Crown Lands
The Inalienable Crown Lands (1865-93)
The 1887 Bayonet Constitution and the Reciprocity/Pearl Harbor Treaty: Preludes to Overthrow
Population, Voting, and Citizenship in the Kingdom of Hawai'i
The 1893 Overthrow of the Kingdom
The Republic of Hawaii (1894-98)
The 1895 Land Act
Annexation by the United States (1898)
The Crown Lands during the Territorial Period (1898-1959)
Liliuokalani v. United States (1910)
The Hawaiian Homes Commission Act (1921)
Statehood (1959 to Present)
The "Painful Irony" of Rice v. Cayetano (2000)
The Kamehameha Schools
The Other Ali'i Trusts
The British Crown Lands
Claims of Ali'i Descendants
Summary and Conclusions
Appendixes
Principles Adopted by the Land Commission, 1846-47
An Act Relating to the Crown, Government, and Fort Lands, June 7, 1848
The Kuleana Act (Enactment of Further Principles), August 6, 1850
In the Matter of the Estate of His Majesty Kamehameha IV, 1864
Act Rendering the Crown Lands Inalienable, January 3, 1865
Joint Resolution of Annexation, July 7, 1898
Excerpts from the Organic Act, April 30, 1900
Liliuokalani v. United States (U.S. Court of Claims 1910)
"Apology Resolution," November 23, 1993
Glossary
Selected Bibliography
General Index
Case Index
Credits for Photographs

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