Reid Ginoza at 03:39, 18 April 2006

2006-04-18T03:39:25Z

Reid Ginoza at 04:10, 9 March 2006

2006-03-09T04:10:08Z

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landmarks disappeared when they became
part of plantations. Kuleana were
also lost to larger surrounding
land-holders by invocation of the
doctrine of adverse possession. 45/
Seme kuleana lands were simply sold.
The king's lands were freely sold
by Xmgs. Because of particular
problems with these lands, including
the debts of the monarchs, the Act of
January 3, 1865, designated the king's
lands as Crown lands and declared them
inalienable, to descend to the heirs
and successors of the Hawaiian crown
forever. 46/
The 1890 census revealed the extent
to which these forces had put land in
the hands of westerners. Of a
population of near 90,000, fewer than
5,000 owned land. The relatively
small number of Americans and
Europeans owned over one million acres.
Although three out of four landowners
were native Hawaiian, three out of
four acres belonging to private
owners were held by westerners. 47/
B. SPECIFIC PROPERTY OWNERSHIP
QUESTIONS
A number of specific questions about
property ownership and use that may
arfect native Hawaiian interests arose
at the hearings of the Native Hawaiians
Study Commission in January, 1982. To
assure a comprehensive study, this
section will identify and discuss those
issues.
Statiia_ of Water and Fishpond Rights
under Hawaiian Law
For the most part, waters in Hawaii
are treated no differently than waters
elsewhere in the United States—that
is, navigable waters cannot be
privately owned. In McBryde Sugar Co.,
Ltd. v. Robinson, 54 Haw. 174, 187
(1973), the Supreme Court of Hawaii
held that "the ownership of water in
natural watercourses, streams, and
rivers remained in the people of
Hawaii for their common good." In so
ruling, the court rejected a long line
of cases suggesting that all waters
were owned by the holder of the
ahupua'a. The Supreme Court's
conclusion followed naturally from the
fact that at least as early as 1842,
interference with navigation was
precluded by statute (Laws of 1842,
Ch. XXVII, Statute Regulations
Respecting Ships, Vessels, and Harbors
(Fundamental Law, pp. 80-89)), and
hence, by implication, a superior
right of the sovereign over commerce
and navigation was recognized.
Hawaiian law did, however, accord
special protection to the right to
raise and capture fish. Two categories
of waters, sea fisheries and
fishponds, have historically been
treated as part of the land. The
situation with respect to sea
fisheries has changed from feudal
times, but fishponds continue to be
treated as fast land. The early
regime has been described as follows:
Kuapa Pond, with other Hawaiian
fishponds, have always been
considered to be private property
by landowners and by the Hawaiian
government. Most fishponds were
built behind barrier beaches, such
as Kuapa Pond, or immediately
seaward of the land controlled by
the ali'i, or chiefs. By imposing
tabu on the taking of fish from a
pond, the chief alone determined
the allotment, if any, of fish,,
just as he distributed the other
crops among his sub-chiefs, land
agents, and vassals. The fishpond
was thus an integral part of the
Hawaiian feudal system. Chiefs
257

@@ Line 1: / Line 1: @@
 landmarks disappeared when they became
-part of plantations. Kuleana were
+part of plantations. <u>Kuleana</u> were
 also lost to larger surrounding
 land-holders by invocation of the
-doctrine of adverse possession. 45/
+doctrine of adverse possession. <u>45</u>/
-Seme kuleana lands were simply sold.
+Some <u>kuleana</u> lands were simply sold.
 The king's lands were freely sold
-by Xmgs. Because of particular
+by kings. Because of particular
 problems with these lands, including
 the debts of the monarchs, the Act of
@@ Line 13: / Line 14: @@
 inalienable, to descend to the heirs
 and successors of the Hawaiian crown
-forever. 46/
+forever. <u>46</u>/
 The 1890 census revealed the extent
 to which these forces had put land in
@@ Line 24: / Line 26: @@
 were native Hawaiian, three out of
 four acres belonging to private
-owners were held by westerners. 47/
+owners were held by westerners. <u>47</u>/
 B. SPECIFIC PROPERTY OWNERSHIP
-QUESTIONS
+===B. SPECIFIC PROPERTY OWNERSHIP QUESTIONS===
 A number of specific questions about
 property ownership and use that may
-arfect native Hawaiian interests arose
+affect native Hawaiian interests arose
 at the hearings of the Native Hawaiians
 Study Commission in January, 1982. To
@@ Line 35: / Line 38: @@
 section will identify and discuss those
 issues.
-Statiia_ of Water and Fishpond Rights
-under Hawaiian Law
+====Status of Water and Fishpond Rights under Hawaiian Law====
 For the most part, waters in Hawaii
 are treated no differently than waters
 elsewhere in the United States—that
 is, navigable waters cannot be
-privately owned. In McBryde Sugar Co.,
+privately owned. In <u>McBryde Sugar Co., Ltd.</u> v. <u>Robinson</u>, 54 Haw. 174, 187
 (1973), the Supreme Court of Hawaii
 held that "the ownership of water in
@@ Line 51: / Line 53: @@
 of cases suggesting that all waters
 were owned by the holder of the
-ahupua'a. The Supreme Court's
+<u>ahupua'a</u>. The Supreme Court's
 conclusion followed naturally from the
 fact that at least as early as 1842,
@@ Line 62: / Line 64: @@
 right of the sovereign over commerce
 and navigation was recognized.
 Hawaiian law did, however, accord
 special protection to the right to
@@ Line 73: / Line 76: @@
 treated as fast land. The early
 regime has been described as follows:
 Kuapa Pond, with other Hawaiian
-fishponds, have always been
+: Kuapa Pond, with other Hawaiian fishponds, have always been considered to be private property by landowners and by the Hawaiian government. Most fishponds were built behind barrier beaches, such as Kuapa Pond, or immediately seaward of the land controlled by the <u>ali'i</u>, or chiefs. By imposing tabu on the taking of fish from a pond, the chief alone determined the allotment, if any, of fish, just as he distributed the other crops among his sub-chiefs, land agents, and vassals. The fishpond was thus an integral part of the Hawaiian feudal system. Chiefs
 considered to be private property
-by landowners and by the Hawaiian
+{{p|257}}

Template:Nhsc-v1-257 - Revision history

Reid Ginoza at 03:39, 18 April 2006

Reid Ginoza at 04:10, 9 March 2006