Nhsc-v1-262

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nhsc-v1-262

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LAND LAWS AND LAND RELATIONSHIPS

NOTES

1/ An excellent description of ancient land tenure is contained in Jon Chinen, The Great Mahele (Honolulu: University Press of Hawaii, 1958). Ono commenter, Haunani-Kay Trask, thought that the presentation in this section was so biased and inaccurate that she re-wrote it. The Commission does not adopt her alternate language, which appears in full in the Appendix of this report.

2/ Some commenters suggested that a comparison to European feudal systems leads to oversimplification. The comparison is used throughout the literature on Hawaiian tenure, however. (See also above, p. 148.)

3/ Chinen, The Great Mahele, p. 3.

4/ Change suggested by comments received from the Office of Hawaiian Affairs (OHA).

5/ This paragraph is based on Jon Chinen, The Great Mahele, and on Neil M. Levy, "Native Hawaiian Land Rights," 63 Cal. Law Review 848 (1975), pp. 848-9, and Melody K. MacKenzie, Sovereignty and Land: Honoring the Hawaiian Native Claim (OHA), pp. 1-2. See also, for general background, Ralph Kuykendall, The Hawaiian Kingdom, Vol. I, 1778-1854, "Chapter IV: The Land Revolution." One commenter submitted another helpful article: Thomas Marshall Spaulding, "The Crown Lands of Hawaii" (Univ. of Hawaii, Oct. 10, 1923).

6/ Ibid.

7/ MacKenzie, Sovereignty and Land: Honoring the Hawaiian Native Claim, p. 3.

9/ Hawaii State Dept. of Budget8 and Finance, Land and Water Resource Management in Hawaii (Honolulu: Hawaii Institute for Management and Analysis in Government, 1978), p. 148.

9/ Levy, p. 879; MacKenzie, p. 3.

10/ David Malo, Hawaiian Antiquities (Moolelo Hawaii) (Honolulu: Bishop Museum Press, 1951), p. 53; quoted in MacKenzie, p. 3."

11/ MacKenzie, p. 3.

12/ Levy, p. 850.

13/ MacKenzie, pp. 4-5.

14/ Levy, p. 850; MacKenzie, p. 5.

15/ Ibid.

16/ Ibid.

17/ As quoted in Kuykendall, The Hawaiian Kingdom, 1778-1854, p. 271.

18/ See generally, Levy, pp. 851-2; MacKenzie, pp. 5-7.

19/ MacKenzie, p. 7.

20/ Levy, pp. 852-853, MacKenzie, p. 7.

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