Who Owns the Crown Lands of Hawai'i? [Paperback]

Jon M. Van Dyke (Author)

Book Description

ISBN-10: 0824832116 | ISBN-13: 978-0824832117 | Publication Date: December 2007

The 1846 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 mö`ï (king), the ali`i (chiefs), and the maka`äïnana (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 mö`ï and should be maintained intact for future monarchs. After the illegal overthrow of the monarchy in 1893, the 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 the Government and Crown Lands were transferred to the State of Hawai`i. The legal status of the Crown Lands remains controversial and misunderstood to this day.

In this engrossing work, Jon Van Dyke describes and analyzes in detail the complex cultural and legal history of Hawai`i's Crown Lands. He argues that these lands must be examined as a separate entity and their unique status recognized. Government Lands were created to provide for the needs of the general population; Crown Lands were part of the personal domain of Kamehameha III and evolved into a resource designed to support the mö`ï, who in turn supported the Native Hawaiian people. Crown Lands originally had a special meaning as Native Hawaiian lands, and it is important to understand their unique heritage. The question of who owns Hawai`i's Crown Lands today is of singular importance for Native Hawaiians in their quest for recognition and sovereignty, and this volume will become a primary resource on a fundamental issue underlying Native Hawaiian birthrights.

Editorial Reviews

About the Author

Jon M. Van Dyke has been a professor of law since 1976 at the William S. Richardson School of Law, University of Hawai`i at Mänoa, where he teaches constitutional law, international law, international ocean law, and international human rights. He has served as legal counsel for the Office of Hawaiian Affairs in federal and state court litigation involving the resources and status of Native Hawaiians and as a consultant for the State Council of Hawaiian Homestead Associations. He was a board member of the Native Hawaiian Legal Corporation from 1978 to 1985.

Product Details

• Paperback: 485 pages
• Publisher: Univ of Hawaii Pr (December 2007)
• Language: English
• ISBN-10: 0824832116
• ISBN-13: 978-0824832117
• Product Dimensions: 9.9 x 6.9 x 1.2 inches
• Shipping Weight: 2.2 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #301,971 in Books (See Top 100 in Books)
  • #96 in Books > Law > Business > Property

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Most Helpful Customer Reviews

4 of 4 people found the following review helpful:

5.0 out of 5 stars Who owns the Crown Lands of Hawaii?, March 13, 2009

By 

K. Wong "Pili" (Honolulu Hawaii) - See all my reviews
(REAL NAME)   

This review is from: Who Owns the Crown Lands of Hawai'i? (Paperback)

Aloha all,

This book serves as an in depth research project taken on by highly regarded intellectual scholars. I found it to be very informative historically. It saddened my heart to read about how the foreigners methodically ceased the islands and decimated the Hawaiian population. This book is excellent and may hold the answers we need as we move towards sovereignty. Read on.......EXCELLENT BOOK!!!