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Who Owns the Crown Lands of Hawai'i?

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Click here to buy Who Owns the Crown Lands of Hawai'i? by  Jon M. Van Dyke. Who Owns the Crown Lands of Hawai'i?
by Jon M. Van Dyke
Sales Rank: 51263
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Features
  • Cover Type: Paperback with 485 pages
  • Published by: University of Hawaii Press December 2007
  • Written in: English
  • ISBN 10 Number: 0824832116
  • ISBN 13 Number: 978-0824832117
  • Book Dimensions: 9.9 x 6.9 x 1.2 inches
  • Weighs: 2.2 pounds

    Book Description
    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 requirements 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.

    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.



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