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The story of Hawaii's lands is history and ecology and also politics. In his exploration of the world of planning commissions and ambitious developers, the author details the struggle over land and its uses: the dubious deals, the relentless eating away of open space, the hollow plans and wasted studies. From colonial cabal to the megatrusts of the 1970s, he explains how The Speculating Game has meant huge profits for the few and a vanishing resource for the many. In this book, the author makes recommendations for long-range actions which he knows will be controversial but which he believes to be essential if Hawaii's lands are to maintain any of their natural qualities.
This volume is the most detailed case study of land tenure in Hawai‘i. Focusing on kuleana (homestead land) in Kahana, O‘ahu, from 1846 to 1920, the author challenges commonly held views concerning the Great Māhele (Division) of 1846–1855 and its aftermath. There can be no argument that in the fifty years prior to the 1893 overthrow of the Hawaiian monarchy, ninety percent of all land in the Islands passed into the control or ownership of non-Hawaiians. This land grab is often thought to have begun with the Great Māhele and to have been quickly accomplished because of Hawaiians’ ignorance of Western law and the sharp practices of Haole (white) capitalists. What the Great Māhele did create were separate land titles for two types of land (kuleana and ahupua‘a) that were traditionally thought of as indivisible and interconnected, thus undermining an entire social system. With the introduction of land titles and ownership, Hawaiian land could now be bought, sold, mortgaged, and foreclosed. Using land-tenure documents recently made available in the Hawai‘i State Archives’ Foster Collection, the author presents the most complete picture of land transfer to date. The Kahana database reveals that after the 1846 division, large-scale losses did not occur until a hitherto forgotten mortgage and foreclosure law was passed in 1874. Hawaiians fought to keep their land and livelihoods, using legal and other, more innovative, means, including the creation of hui shares. Contrary to popular belief, many of the investors and speculators who benefited from the sale of absentee-owned lands awarded to ali‘i (rulers) were not Haole but Pākē (Chinese). Kahana: How the Land Was Lost explains how Hawaiians of a century ago were divested of their land—and how the past continues to shape the Island’s present as Hawaiians today debate the structure of land-claim settlements.
This is a book for attorneys, real estate brokers, students, government agencies, and anyone interested in Hawaiian history. Summarizing succinctly the events that led to the end of the feudal system of land tenure in the Islands, the author presents the reader with a clear and informative account of this important reform. Every landowner in Hawaii should be knowledgeable about the Great Mahele, an understanding of which is needed to avoid confusion about land titles and property divisions.
Land use in Hawai‘i remains the most regulated of all the fifty states. According to many sources, the process of going from raw land to the completion of a project may well average ten years given that ninety-five percent of raw land is initially classified by the State Land Use Commission as either conservation or agriculture. How did this happen and to what end? Will it continue? What laws and regulations control the use of land? Is the use of land in Hawai‘i a right or a privilege? These questions and others are addressed in this long-overdue second edition of Regulating Paradise, a comprehensive and accessible text that will guide readers through the many layers of laws, plans, and regulations that often determine how land is used in Hawai‘i. It provides the tools to analyze an enormously complex process, one that frustrates public and private sectors alike, and will serve as an essential reference for students, planners, regulators, lawyers, land use professionals, environmental and cultural organizations, and others involved with land use and planning.
King Kamehameha III of Hawaii hoped that his historic land reformation would lead to a fair distribution of land among his people. However, the chiefs (konohiki) ended up with 1,571,340 acres, while the commoners (hoa'aina) received only 28,653. Using historical documents, this book explores the reasons for the inequality. Many commoners, for example, were pressured by their chiefs to abandon their claims, so land diverted to the chiefs. Commoners petitioned the government for relief, to no avail. They cried for help, but as Kamakau, a native historian, said: "There was no powerful chief to stand back of the people...."
Describe a pervasive way of conducting private and public affairs in which state and local office holders throughout Hawaii took their personal financial interests into account in their actions as public.
This concise volume provides a fascinating overview of the complex and often contentious history of land ownership in the Hawaiian Islands. From the arrival of Captain Cook to the overthrow of the monarchy and beyond, the book traces the evolution of Hawaiian land law and its impact on the people and culture of the islands. With clear and accessible prose, this book is an essential read for anyone interested in the history of Hawaii. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Pursuant to a congressional request, GAO reviewed federal withdrawals of Hawaiian homelands, focusing on: (1) federal, state, and judicial opinions on the federal government's trust responsibility to native Hawaiians; (2) territorial governors' authority to withdraw certain Hawaiian homelands; and (3) the reasonableness of the methodology used to estimate the lost income from and the current market value for specific parcels of land. GAO found that: (1) Hawaii disagrees with Departments of the Interior and Justice that the federal government does not have a trust responsibility to native Hawaiians; (2) state and federal courts have concluded that the government currently has no trust responsibility, but federal courts have yet to determine whether such a responsibility existed while Hawaii was a territory; (3) Hawaiian courts and its Attorney General have concluded that the federal government had a trust responsibility during the territorial period and the state Attorney General believes that the trust responsibility continues to exist; (4) territorial governors lacked the authority to withdraw Hawaiian homelands for nonfederal public purposes; (5) many of the governors' unauthorized withdrawals benefitted native Hawaiians or involved lands that were unsuitable for authorized homeland uses; (6) the President had the authority to withdraw homelands for federal purposes and he could have delegated the authority to the territorial governors or ratified their actions; (7) the methodologies to estimate income loss and current market value were generally reasonable; (8) Hawaii plans to submit a claim for federal compensation for the withdrawn lands; and (9) if Congress decides that compensation is merited, the amount of compensation should reflect rental revenues received and benefits to native Hawaiians from the withdrawn homelands.