Reid Ginoza at 03:45, 18 April 2006

2006-04-18T03:45:27Z

Reid Ginoza at 04:10, 9 March 2006

2006-03-09T04:10:36Z

New page

gave land, including its fishponds,
to sub-chiefs, or took it away at
will. Any fishponds in conquered
chiefdoms became the personal
property of the conquering high
chief and were treated in the same
manner the high chief treated all
newly subjugated lands and
appurtenances. The commoner had
no absolute right to fish in the
ponds, nor in the sector of ocean
adjacent to the chief's land—all
of such rights were vested in the
chiefs and ultimately in the king,
alone.
In 1848, King Kamehameha III
pronounced the Great Mahele, or
national land distribution. Any
fishponds therein were allotted as
part or inholding of the ahupua'a
• (a land/water unit). Titles to
fishponds were recognized to the
same extent and in the same manner
as rights were recognized in fast
land. (United States v. Kaiser
Aetna, 408 F. Supp. 42 (D. Haw.
1976), rev'd 584 F. 2d 378 (9th
Cir. 1978), rev'd, 444 U.S. 164
(1979).)
The correctness of description is
confirmed by the fact that the Board
of Commissioners to Quiet Land Titles
routinely included fishponds within
its land awards or patents under the
Great Mahele, notwithstanding the fact
that the Board was concerned solely
with landed property. (See Haw.
Att'y. Gen. Op. No. 1689, at 460
(1939).) So far as can be determined,
fishponds retain their status as
private property today.
The situation with respect to sea
fisheries changed, however, upon
passage of the Organic Act in 1900.
In that Act, Congress repealed all
prior rights in sea water fisheries by
providing that "all fisheries in the
sea waters of the Territory...not
included in any fish pond or
artificial enclosures shall be free to
all citizens ... subject...to vested
rights" (48 U.S.C. § 506).
Procedures were established to
compensate those people who had vested
rights in sea fisheries; if those
procedures were not followed within
three years, however, even rights to
sea fisheries were lost.
Thus, fishponds remain privately
owned today, while fisheries remain in
private ownership only to the extent
that the owners followed the proper
procedures to obtain recognition of
their rights. In all other respects,
waters in Hawaii are treated the same
as in the rest of the United States.
Concern was also expressed at the
hearings about the rights to use of
water. 48/ People in Hawaii have the
right to use water under a series of
rules unique to Hawaii and closely
related to ancient Hawaiian land law.
A landowner has present right to use
the amount of water used at the time
of the award of the land under the
ancient landholding system. These are
called "appurtenant" rights. In
addition, persons receiving land
rights from the kinq (either ili or
ahupua'a), called konohiki rights,
have the right to water for those
lands equal to those of the king.
Under Hawaiian law, further rights
to surface water, called "prescriptive
rights," can be established, and once
they are established, they also are
appurtenant to the land on which the
water is used. To establish a
prescriptive right, certain tests,
including actual, open, notorious,
continuous, and hostile use for ten
years under claim of right, must be
met. Finally, by State statutes
passed in the mid-19th century, people
on lands to which the landlords have
taken fee simple title have the right
to drinking water and running water.
On such lands, the springs, running
water, and roads are free to all,
except as to wells and water courses
provided by individuals for their own
use. These can lie considered native
258

@@ Line 1: / Line 1: @@
-gave land, including its fishponds,
+: gave land, including its fishponds, to sub-chiefs, or took it away at will. Any fishponds in conquered chiefdoms became the personal property of the conquering high chief and were treated in the same manner the high chief treated all newly subjugated lands and appurtenances. The commoner had no absolute right to fish in the ponds, nor in the sector of ocean adjacent to the chief's land—all of such rights were vested in the chiefs and ultimately in the king, alone.
 to sub-chiefs, or took it away at
-will. Any fishponds in conquered
+: In 1848, King Kamehameha III pronounced the Great Mahele, or national land distribution. Any fishponds therein were allotted as part or inholding of the <u>ahupua'a</u> (a land/water unit). Titles to fishponds were recognized to the same extent and in the same manner as rights were recognized in fast land. (<u>United States</u> v. <u>Kaiser Aetna</u>, 408 F. Supp. 42 (D. Haw. 1976), <u>rev'd</u> 584 F. 2d 378 (9th Cir. 1978), <u>rev'd</u>, 444 U.S. 164 (1979).)
 chiefdoms became the personal
 The correctness of description is
 confirmed by the fact that the Board
@@ Line 40: / Line 15: @@
 fishponds retain their status as
 private property today.
 The situation with respect to sea
 fisheries changed, however, upon
@@ Line 57: / Line 33: @@
 three years, however, even rights to
 sea fisheries were lost.
 Thus, fishponds remain privately
 owned today, while fisheries remain in
@@ Line 65: / Line 42: @@
 waters in Hawaii are treated the same
 as in the rest of the United States.
 Concern was also expressed at the
 hearings about the rights to use of
-water. 48/ People in Hawaii have the
+water. <u>48</u>/ People in Hawaii have the
 right to use water under a series of
 rules unique to Hawaii and closely
@@ Line 77: / Line 55: @@
 called "appurtenant" rights. In
 addition, persons receiving land
-rights from the kinq (either ili or
+rights from the king (either <u>ili</u> or
-ahupua'a), called konohiki rights,
+<u>ahupua'a</u>), called <u>konohiki</u> rights,
 have the right to water for those
 lands equal to those of the king.
 Under Hawaiian law, further rights
 to surface water, called "prescriptive
@@ Line 100: / Line 79: @@
 except as to wells and water courses
 provided by individuals for their own
-use. These can lie considered native
+use. These can bee considered native
+{{p|258}}

Template:Nhsc-v1-258 - Revision history

Reid Ginoza at 03:45, 18 April 2006

Reid Ginoza at 04:10, 9 March 2006