Jennifer Wada at 11:37, 21 April 2006

2006-04-21T11:37:42Z

Reid Ginoza at 04:11, 9 March 2006

2006-03-09T04:11:30Z

New page

economic growth consistent with
concerns over environmental and
social/cultural preservation." 55/
These findings suggest that to
accommodate the concerns of native
Hawaiians, geothermal development
should be undertaken only after
education and consultation with the
native Hawaiians themselves.
Kuleana Land Rights
In 1850, two years after the
enactment of the Great Mahele, an act
was passed allowing Hawaiian native
commoners to acquire fee title to the
land that they had "really cultivated"
under the feudal system, plus a
household lot of no more than onequarter
acre. 56/ These parcels,
called kuleana, could come from the
lands retained by the king as Crown
lands, or from Government lands, or
from the lands granted to the chiefs
under the Great Mahele. The commoner
could receive fee title to his kuleana
only if he proved his claim to the
Hawaii Land Commission and paid the
costs of a survey. As a result of the
Kuleana Act, 8,000 commoners acquired
title to land, but the holdings of
these commoners totalled fewer than
30,000 acres, or less than one percent
of the land.
Several reasons have been given for
the failure of the commoners to
acquire more land under the Kuleana
Act. 57/ One is that most commoners
could not afford to pay for the survey
work; another is that they feared
reprisals from the ali'i if they
applied. A third suggested reason is
that commoners could obtain title only
to land they "actually cultivated."
Under the previous system the
commoners were entitled to use not
only the land they actually cultivated
but also were entitled to use common
lands for growing crops and for
pasturing—a right not preserved under
the Kuleana Act. The "actually
cultivated" lands were insufficient
support the commoner and thus, the
Kuleana Act meant little to him. On
comment received by the Commission
states that native Hawaiians also di
not apply because some did not think
application necessary or were unawar
of the Act. Thus, the effect of the
Kuleana Act, in conjunction with the
Great Mahele, was the same as the
enactment of the enclosure laws in
England—fee title to the common Ian
passed to the chiefs, and the
commoners did not acquire sufficient
lands to support themselves.
An act of the legislature barred
establishment of any kuleana claims
not proved by 1854. Therefore,
establishment of kuleana rights is nc
an issue today. However, observers
have suggested that full use of many
kuleana is presently disrupted by
three major legal obstacles:
fractionated ownership, inadequate
access, and adverse possession. 58/
Fractionated ownership of many
kuleana plots arises from the effects
of intestate succession (passing of
the property without a will). Parcels
may, therefore, have a number of joint
owners, with no clear responsibility
for taxes or improvements. Possible
remedies include one joint owner
buying the interests of the others,
partitioning of the kuleana, or
putting title in a mutually-owned
corporation, trust, or partnership
with responsibility to ensure payment
of taxes and land improvements.
Inadequate access is a problem for
some kuleana because they are
surrounded by large plantations and
developments. Hawaiian law provides
for easements by necessity when they
are "reasonably necessary"—other
access is difficult or expensive. The
1850 statute itself also provides for
access. Therefore, legal tools exist
for establishing better access to
kuleana.
260

@@ Line 1: / Line 1: @@
 economic growth consistent with
 concerns over environmental and
-social/cultural preservation." 55/
+social/cultural preservation." <u>55</u>/
 These findings suggest that to
 accommodate the concerns of native
@@ Line 8: / Line 8: @@
 education and consultation with the
 native Hawaiians themselves.
 Kuleana Land Rights
 In 1850, two years after the
 enactment of the Great Mahele, an act
@@ Line 16: / Line 18: @@
 under the feudal system, plus a
 household lot of no more than onequarter
-acre. 56/ These parcels,
+acre. <u>56</u>/ These parcels,
-called kuleana, could come from the
+called <u>kuleana</u>, could come from the
 lands retained by the king as Crown
 lands, or from Government lands, or
 from the lands granted to the chiefs
 under the Great Mahele. The commoner
-could receive fee title to his kuleana
+could receive fee title to his <u>kuleana</u>
 only if he proved his claim to the
 Hawaii Land Commission and paid the
 costs of a survey. As a result of the
-Kuleana Act, 8,000 commoners acquired
+<u>Kuleana</u> Act, 8,000 commoners acquired
 title to land, but the holdings of
 these commoners totalled fewer than
 ,000 acres, or less than one percent
 of the land.
 Several reasons have been given for
 the failure of the commoners to
-acquire more land under the Kuleana
+acquire more land under the <u>Kuleana</u>
-Act. 57/ One is that most commoners
+Act. <u>57</u>/ One is that most commoners
 could not afford to pay for the survey
 work; another is that they feared
-reprisals from the ali'i if they
+reprisals from the <u>ali'i</u> if they
 applied. A third suggested reason is
 that commoners could obtain title only
@@ Line 47: / Line 50: @@
 lands for growing crops and for
 pasturing—a right not preserved under
-the Kuleana Act. The "actually
+the <u>Kuleana</u> Act. The "actually
 cultivated" lands were insufficient
 support the commoner and thus, the
-Kuleana Act meant little to him. On
+<u>Kuleana</u> Act meant little to him. On
 comment received by the Commission
-states that native Hawaiians also di
+states that native Hawaiians also did
 not apply because some did not think
-application necessary or were unawar
+application necessary or were unaware
 of the Act. Thus, the effect of the
-Kuleana Act, in conjunction with the
+<u>Kuleana</u> Act, in conjunction with the
 Great Mahele, was the same as the
 enactment of the enclosure laws in
-England—fee title to the common Ian
+England—fee title to the common land
 passed to the chiefs, and the
 commoners did not acquire sufficient
 lands to support themselves.
 An act of the legislature barred
-establishment of any kuleana claims
+establishment of any <u>kuleana</u> claims
 not proved by 1854. Therefore,
-establishment of kuleana rights is nc
+establishment of <u>kuleana</u> rights is not
 an issue today. However, observers
 have suggested that full use of many
-kuleana is presently disrupted by
+<u>kuleana</u> is presently disrupted by
 three major legal obstacles:
 fractionated ownership, inadequate
-access, and adverse possession. 58/
+access, and adverse possession. <u>58</u>/
 Fractionated ownership of many
-kuleana plots arises from the effects
+<u>kuleana</u> plots arises from the effects
 of intestate succession (passing of
 the property without a will). Parcels
@@ Line 82: / Line 87: @@
 remedies include one joint owner
 buying the interests of the others,
-partitioning of the kuleana, or
+partitioning of the <u>kuleana</u>, or
 putting title in a mutually-owned
 corporation, trust, or partnership
 with responsibility to ensure payment
 of taxes and land improvements.
 Inadequate access is a problem for
-some kuleana because they are
+some <u>kuleana</u> because they are
 surrounded by large plantations and
 developments. Hawaiian law provides
@@ Line 97: / Line 103: @@
 access. Therefore, legal tools exist
 for establishing better access to
-kuleana.
+<u>kuleana</u>.
+{{p|260}}

Template:Nhsc-v1-260 - Revision history

Jennifer Wada at 11:37, 21 April 2006

Reid Ginoza at 04:11, 9 March 2006