Reid Ginoza at 02:46, 6 May 2006

2006-05-06T02:46:18Z

Reid Ginoza at 17:06, 10 March 2006

2006-03-10T17:06:01Z

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foreign landowners in Hawaii or to
work in other non-agricultural
pursuits, so that they did not act as
a group with economic ties to each
other. 16/ Under the ancient land law
system, it could be considered that
the king owned all the land. 17/
However, even at that time the native
Hawaiians did not treat all the lands
as owned in common. A native Hawaiian
tenant worked for a particular chief,
and could be summarily ejected from
the land he cultivated by that chief.
In turn, the chief could be summarily
removed from his land by the king. 18/
These practices underscored that
ownership of the land was not by all
native Hawaiians as a group.
Furthermore, the Great Mahele (or
division of land) of 1848 brought to
an "end once and for all the feudal
system of land tenure in Hawaii, and
finally and conclusively established
the principle of private allodial
titles." 19/ Since the intended goal
of the Land Commission Board and of
the Mahele was to be a total partition
of undivided interests and also, a
division and parcelling out of the
Government and Crown lands 20/ (that
is, defeudalization), 21/ any idea of
communal ownership was laid to rest.
Moreover, the Kuleana Act of 1850
(and other legislation passed
subsequent to the Great Mahele)
allowed individual native Hawaiians to
claim a fee simple interest in lands
they had actually cultivated or, in
the case of other native Hawaiians, to
obtain fee simple title to Government
lands by purchase. 22/ In addition,
much land, including Government and
Crown land established by the Great
Mahele, was made available for
purchase by foreigners. These lands,
then, were not held in common by the
native Hawaiians, but were owned in
fee simple and gave the people vested
property rights. Such ownership is
not in common and is contrary to the
concept of aboriginal title.
The Kuleana Act was significant in
two other respects. Those natives who
cultivated land had traditionally been
allowed to "grow crops for their own
use and to pasture animals on
unoccupied lands" of the ahupua*a, one
of the principal landowning units into
which all land (including Government
and Crown lands) was divided. 23/ The
Kuleana Act abolished the right to
grow crops and the right of pasturage.
24/ In addition, the Kuleana Act had
the effect of establishing the
principle that Government land could
be sold, thereby opening the way for
foreigners to purchase Government
lands. By 1864, native Hawaiians had
purchased over 90,000 acres of
Government land and by 1893,
foreigners had purchased over 600,000
acres of Government land. 25/ By
1893, 752,431 acres of Government and
Crown lands had been leased to
foreigners. 26/
One theory contends that the
statement in the 1840 Constitution of
Hawaii that the lands of Hawaii
"belonged to the chiefs and people in
common" 27/ establishes that the
native Hawaiians had collective or
common ownership of the Government and
Crown lands and, in effect, proves
that the native Hawaiians had
aboriginal title to the Government and
Crown lands. 28/ Similarly, it has
been argued that the change in the
land system of Hawaii under the Great
Mahele, whereby the king "set apart
forever to the chiefs and the people"
approximately one and one-half million
acres of land and retained for
himself, his heirs and successors
approximately one million acres 29/
(known respectively as the Government
and Crown lands), establishes the
collective ownership of these lands by
the native Hawaiians and, therefore,
effectively proves that they had
aboriginal title thereto. 30/
However, even if the quoted language
335

@@ Line 3: / Line 3: @@
 pursuits, so that they did not act as
 a group with economic ties to each
-other. 16/ Under the ancient land law
+other. <U>16</u>/ Under the ancient land law
 system, it could be considered that
-the king owned all the land. 17/
+the king owned all the land. <u>17</u>/
 However, even at that time the native
 Hawaiians did not treat all the lands
@@ Line 13: / Line 13: @@
 the land he cultivated by that chief.
 In turn, the chief could be summarily
-removed from his land by the king. 18/
+removed from his land by the king. <u>18</u>/
 These practices underscored that
 ownership of the land was not by all
 native Hawaiians as a group.
 Furthermore, the Great Mahele (or
 division of land) of 1848 brought to
@@ Line 23: / Line 24: @@
 finally and conclusively established
 the principle of private allodial
-titles." 19/ Since the intended goal
+titles." <u>19</u>/ Since the intended goal
 of the Land Commission Board and of
 the Mahele was to be a total partition
 of undivided interests and also, a
 division and parcelling out of the
-Government and Crown lands 20/ (that
+Government and Crown lands <u>20</u>/ (that
-is, defeudalization), 21/ any idea of
+is, defeudalization), <u>21</u>/ any idea of
 communal ownership was laid to rest.
 Moreover, the Kuleana Act of 1850
 (and other legislation passed
 subsequent to the Great Mahele)
@@ Line 39: / Line 41: @@
 the case of other native Hawaiians, to
 obtain fee simple title to Government
-lands by purchase. 22/ In addition,
+lands by purchase. <u>22</u>/ In addition,
 much land, including Government and
 Crown land established by the Great
@@ Line 50: / Line 52: @@
 not in common and is contrary to the
 concept of aboriginal title.
 The Kuleana Act was significant in
 two other respects. Those natives who
 cultivated land had traditionally been
 allowed to "grow crops for their own
 use and to pasture animals on
-unoccupied lands" of the ahupua*a, one
+unoccupied lands" of the <u>ahupua'a</u>, one
 of the principal landowning units into
 which all land (including Government
-and Crown lands) was divided. 23/ The
+and Crown lands) was divided. <u>23</u>/ The
-Kuleana Act abolished the right to
+<u>Kuleana</u> Act abolished the right to
 grow crops and the right of pasturage.
-/ In addition, the Kuleana Act had
+<u>24</u>/ In addition, the <u>Kuleana</u> Act had
 the effect of establishing the
 principle that Government land could
@@ Line 70: / Line 73: @@
 Government land and by 1893,
 foreigners had purchased over 600,000
-acres of Government land. 25/ By
+acres of Government land. <u>25</u>/ By
 , 752,431 acres of Government and
 Crown lands had been leased to
-foreigners. 26/
+foreigners. <u>26</u>/
 One theory contends that the
 statement in the 1840 Constitution of
 Hawaii that the lands of Hawaii
 "belonged to the chiefs and people in
-common" 27/ establishes that the
+common" <u>27</u>/ establishes that the
 native Hawaiians had collective or
 common ownership of the Government and
@@ Line 84: / Line 88: @@
 that the native Hawaiians had
 aboriginal title to the Government and
-Crown lands. 28/ Similarly, it has
+Crown lands. <u>28</u>/ Similarly, it has
 been argued that the change in the
 land system of Hawaii under the Great
@@ Line 92: / Line 96: @@
 acres of land and retained for
 himself, his heirs and successors
-approximately one million acres 29/
+approximately one million acres <u>29</u>/
 (known respectively as the Government
 and Crown lands), establishes the
@@ Line 98: / Line 102: @@
 the native Hawaiians and, therefore,
 effectively proves that they had
-aboriginal title thereto. 30/
+aboriginal title thereto. <u>30</u>/
 However, even if the quoted language
-−

Template:Nhsc-v1-335 - Revision history

Reid Ginoza at 02:46, 6 May 2006

Reid Ginoza at 17:06, 10 March 2006