Who Owns the Crown Lands of Hawai‘i?

Portada
University of Hawaii Press, 2007 M12 31 - 560 páginas
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
 

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Contenido

Introduction
1
Land Tenure on the Eve of Western Contact
11
Before the Mahele
19
The Mahele
30
The Government Lands
54
The Transfer of Lands from Kauikeaouli to Alexander Liholiho 185455
59
The Passing of Alexander Liholiho 1863
66
In the Matter of the Estate of His Majesty Kamehameha IV 1864
71
Statehood 1959 to Present
254
The Painful Irony of Rice v Cayetano 2000
274
The Kamehameha Schools
307
The Other Alii Trusts
324
The British Crown Lands
344
Claims of Alii Descendants
358
Summary and Conclusions
375
Principles Adopted by the Land Commission 184647
385

The 1865 Statute Making the Crown Lands Inalienable
89
The Ascension of William Charles Lunalilo to the Throne 1872
93
The Transition between the Kamehameha Line and Kaläkauas KeaweaHeulu Line
96
Claus Spreckels Princess Ruth Keelikolani and the Claim to a Half Interest in the Crown Lands
100
The Inalienable Crown Lands 186593
111
Preludes to Overthrow
118
Population Voting and Citizenship in the Kingdom of Hawaii
131
The 1893 Overthrow of the Kingdom
151
The Republic of Hawaii 189498
172
The 1895 Land Act
188
Annexation by the United States 1898
200
The Crown Lands during the Territorial Period 18981959
216
Liliuokalani v United States 1910
227
The Hawaiian Homes Commission Act 1921
237
An Act Relating to the Crown Government and Fort Lands June 7 1848
397
The Kuleana Act Enactment of Further Principles August 6 1850
422
In the Matter of the Estate of His Majesty Kamehameha IV 1864
424
Act Rendering the Crown Lands Inalienable January 3 1865
433
Joint Resolution of Annexation July 7 1898
435
Excerpts from the Organic Act April 30 1900
437
Liliuokalani v United States U S Court of Claims 1910
446
Apology Resolution November 23 1993
450
Glossary
455
Selected Bibliography
459
General Index
471
Case Index
483
Credits for Photographs
485
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Acerca del autor (2007)

Jon M. Van Dyke has been a professor of law since 1976 at the William S. Richardson School of Law, University of Hawai‘i.

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