Who Owns the Crown Lands of Hawai‘i?University of Hawaii Press, 31.12.2007 - 504 Seiten The 1846-1848 Mahele (division) transformed the lands of Hawai‘i from a shared value into private property, but left many issues unresolved. Kauikeaouli (Kamehameha III) agreed to the Mahele, which divided all land among the mō‘ī (king), the ali‘i (chiefs), and the maka‘āinana (commoners), in the hopes of keeping the lands in Hawaiian hands even if a foreign power claimed sovereignty over the Islands. The king’s share was further divided into Government and Crown Lands, the latter managed personally by the ruler until a court decision in 1864 and a statute passed in 1865 declared that they could no longer be bought or sold by the mō‘ī and should be maintained intact for future monarchs. After the illegal overthrow of the monarchy in 1893, Government and Crown Lands were joined together, and after annexation in 1898 they were managed as a public trust by the United States. At statehood in 1959, all but 373,720 acres of Government and Crown Lands were transferred to the State of Hawai‘i. The legal status of Crown Lands remains controversial and misunderstood to this day. |
Inhalt
Introduction | 1 |
Land Tenure on the Eve of Western Contact | 11 |
Before the Mahele | 19 |
The Mahele | 30 |
The Government Lands | 54 |
The Transfer of Lands from Kauikeaouli to Alexander Liholiho 185455 | 59 |
The Passing of Alexander Liholiho 1863 | 66 |
In the Matter of the Estate of His Majesty Kamehameha IV 1864 | 71 |
Statehood 1959 to Present | 254 |
The Painful Irony of Rice v Cayetano 2000 | 274 |
The Kamehameha Schools | 307 |
The Other Alii Trusts | 324 |
The British Crown Lands | 344 |
Claims of Alii Descendants | 358 |
Summary and Conclusions | 375 |
Principles Adopted by the Land Commission 184647 | 385 |
The 1865 Statute Making the Crown Lands Inalienable | 89 |
The Ascension of William Charles Lunalilo to the Throne 1872 | 93 |
The Transition between the Kamehameha Line and Kaläkauas KeaweaHeulu Line | 96 |
Claus Spreckels Princess Ruth Keelikolani and the Claim to a Half Interest in the Crown Lands | 100 |
The Inalienable Crown Lands 186593 | 111 |
Preludes to Overthrow | 118 |
Population Voting and Citizenship in the Kingdom of Hawaii | 131 |
The 1893 Overthrow of the Kingdom | 151 |
The Republic of Hawaii 189498 | 172 |
The 1895 Land Act | 188 |
Annexation by the United States 1898 | 200 |
The Crown Lands during the Territorial Period 18981959 | 216 |
Liliuokalani v United States 1910 | 227 |
The Hawaiian Homes Commission Act 1921 | 237 |
An Act Relating to the Crown Government and Fort Lands June 7 1848 | 397 |
The Kuleana Act Enactment of Further Principles August 6 1850 | 422 |
In the Matter of the Estate of His Majesty Kamehameha IV 1864 | 424 |
Act Rendering the Crown Lands Inalienable January 3 1865 | 433 |
Joint Resolution of Annexation July 7 1898 | 435 |
Excerpts from the Organic Act April 30 1900 | 437 |
Liliuokalani v United States U S Court of Claims 1910 | 446 |
Apology Resolution November 23 1993 | 450 |
Glossary | 455 |
459 | |
471 | |
483 | |
Credits for Photographs | 485 |