Template:Nhsc-v1-264
54/ Ibid., pp. 119-121.
55/ Ibid., p. 122.
56/ Act of August 6, 1850, § 1 (1850) Hawaii Laws 202 in 2 Revised Laws 1925 at 2141. See discussion above.
57/ See Levy, p. 861; MacKenzie, p. 11.
58/ An extended discussion is set forth in Levy, pp. 867-870. Congressman Daniel Akaka comments that the analysis presented here of the problems inherent in settling title to kuleana lands suggests that the problems are easily solved. As a substantive review of this section of the report and the authorities on which it relies shows, they are indeed difficult to solve. One commenter suggests that the right to exercise kuleana rights did not terminate in 1855. The comment is simply in error. See Chinen, The Great Mahele, pp. 30-31, which states that the Land Commission that granted deeds to such lands dissolved on March 31, 1855.
59/ See Levy, p. 870, citing a suggestion of Chief Justice William Richardson of the Hawaii Supreme Court.
60/ Such reform might include permitting adverse possession claims only if the claimant has entered the land "in good faith." Such a bill was passed by the Hawaii legislature in 1973, but vetoed by the governor. See Levy, p. 870.
61/ The extensive opinion is in Ranch, Inc. v. Joseph Ahsing, et. al.. Civil No. 1878, Findings of Fact and Conclusions of Law (Circuit Court of the Second Circuit, State of Hawaii, May 12, 1982).
62/ Previous two sentences suggested in comments received from Congressman Daniel Akaka.
63/ Addition suggested in comments received from Congressman Daniel Akaka.
64/ Many records in the native Hawaiian language are available but are not easily accessible as a resource.
|
