Who Owns the Crown Lands of Hawai‘i? / / Jon M. Van Dyke.

• Superior document: Title is part of eBook package: De Gruyter UHP eBook Package 2000-2013
• VerfasserIn: Van Dyke, Jon M.,
• Place / Publishing House: Honolulu : : University of Hawaii Press, , [2007]; ©2008
• Year of Publication: 2007
• Language: English
• Physical Description: 1 online resource (504 p.)

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

Table of Contents

Frontmatter -- Contents -- Foreword -- Acknowledgments -- 1. Introduction -- 2. Land Tenure on the Eve of Western Contact -- 3. Before the Mahele -- 4. The Mahele -- 5. The Government Lands -- 6. The Transfer of Lands from Kauikeaouli to Alexander Liholiho (1854–55) -- 7. The Passing of Alexander Liholiho (1863) -- 8. In the Matter of the Estate of His Majesty Kamehameha IV (1864) -- 9. The 1865 Statute Making the Crown Lands Inalienable -- 10. The Ascension of William Charles Lunalilo to the Throne (1872) -- 11. The Transition between the Kamehameha Line and Kaläkaua’s Keawe-a-Heulu Line -- 12. Claus Spreckels, Princess Ruth Ke‘elikolani, and the Claim to a Half Interest in the Crown Lands -- 13. The Inalienable Crown Lands (1865–93) -- 14. The 1887 Bayonet Constitution and the Reciprocity / Pearl Harbor Treaty: Preludes to Overthrow -- 15. Population, Voting, and Citizenship in the Kingdom of Hawai‘i -- 16. The 1893 Overthrow of the Kingdom -- 17. The Republic of Hawaii (1894–98) -- 18. The 1895 Land Act -- 19. Annexation by the United States (1898) -- 20. The Crown Lands during the Territorial Period (1898–1959) -- 21. Liliuokalani v. United States (1910) -- 22. The Hawaiian Homes Commission Act (1921) -- 23. Statehood (1959 to Present) -- 24. The “Painful Irony” of Rice v. Cayetano (2000) -- 25. The Kamehameha Schools -- 26. The Other Ali‘i Trusts -- 27. The British Crown Lands -- 28. Claims of Ali‘i Descendants -- 29. Summary and Conclusions -- Appendix 1. Principles Adopted by the Land Commission, 1846–47 -- Appendix 2. An Act Relating to the Crown, Government, and Fort Lands, June 7, 1848 -- Appendix 3. The Kuleana Act (Enactment of Further Principles), August 6, 1850 -- Appendix 4. In the Matter of the Estate of His Majesty Kamehameha IV, 2 Hawai‘i 715, 1864 WL 2485 (1864) -- Appendix 5. Act Rendering the Crown Lands Inalienable, January 3, 1865 -- Appendix 6. Joint Resolution of Annexation, July 7, 1898 -- Appendix 7. Excerpts from the Organic Act, April 30, 1900 -- Appendix 8. Liliuokalani v. United States, 45 Ct.Cl. 481, 1909 WL 905 (U.S. Court of Claims 1910) -- Appendix 9. “Apology Resolution,” November 23, 1993 -- Glossary -- Selected Bibliography -- General Index -- Case Index -- Credits for Photographs