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Author: George Cooper Publisher: ISBN: Category : History Languages : en Pages : 560
Book Description
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.
Author: George Cooper Publisher: ISBN: Category : History Languages : en Pages : 560
Book Description
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.
Author: Lawrence H. Miike Publisher: University of Hawaii Press ISBN: 0824873947 Category : Law Languages : en Pages : 280
Book Description
Water and the Law in Hawaii provides an intellectual and legal framework for understanding both the past and future of Hawai‘i’s freshwater resources. It covers not only the känäwai (laws) governing the balancing act between preservation and use, but also the science of aquifers and streams and the customs and traditions practiced by ancient and present-day Hawaiians on the äina (land) and in the wai (water). In placing Hawaii water law in the context of its historical development, the author condenses an enormous amount of information on traditional Hawaiian social structure and mythology. His analysis and explanation of the Hawaii Supreme Court decisions on water rights pose difficult questions and reveal the Court's at times defective reasoning by referring readers to original source material. He is the first author to explain fully how water use permits will play out in a variety of circumstances that may arise in the future, and he discusses the interrelationship between the State Water Code and the common law on water rights, which few people understand or are aware of. Water and the Law in Hawaii is a vital contribution to understanding water law in Hawaii. It will prove invaluable to students of the subject and will appeal to those with an interest in cultural anthropology, planning, Hawaiian history, and political science.
Author: Lynton Keith Caldwell Publisher: Rowman & Littlefield ISBN: 9780847677795 Category : Business & Economics Languages : en Pages : 356
Book Description
In this book, two leading scholars, a political scientist and an ethical philosopher, outline a new national policy for land use, and provide the legal, political, and ethical justifications for their proposed policies.
Author: Jon M. Van Dyke Publisher: University of Hawaii Press ISBN: 0824832116 Category : History Languages : en Pages : 506
Book Description
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. 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 mō‘ī, who in turn supported the Native Hawaiian people. 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. 64 illus., 6 maps
Author: Robert H. Stauffer Publisher: University of Hawaii Press ISBN: 9780824825904 Category : History Languages : en Pages : 292
Book Description
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.
Author: J. Kehaulani Kauanui Publisher: Duke University Press ISBN: 0822371960 Category : History Languages : en Pages : 298
Book Description
In Paradoxes of Hawaiian Sovereignty J. Kēhaulani Kauanui examines contradictions of indigeneity and self-determination in U.S. domestic policy and international law. She theorizes paradoxes in the laws themselves and in nationalist assertions of Hawaiian Kingdom restoration and demands for U.S. deoccupation, which echo colonialist models of governance. Kauanui argues that Hawaiian elites' approaches to reforming and regulating land, gender, and sexuality in the early nineteenth century that paved the way for sovereign recognition of the kingdom complicate contemporary nationalist activism today, which too often includes disavowing the indigeneity of the Kanaka Maoli (Indigenous Hawaiian) people. Problematizing the ways the positing of the Hawaiian Kingdom's continued existence has been accompanied by a denial of U.S. settler colonialism, Kauanui considers possibilities for a decolonial approach to Hawaiian sovereignty that would address the privatization and capitalist development of land and the ongoing legacy of the imposition of heteropatriarchal modes of social relations.
Author: David L. Callies Publisher: University of Hawaii Press ISBN: 0824834755 Category : Nature Languages : en Pages : 0
Book Description
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.
Author: George Cooper
Author: George Cooper
Author: Lawrence H. Miike
Author: Robert H. Horwitz
Author: Hawaii. Surveyor general
Author: 
Author: Lynton Keith Caldwell
Author: Jon M. Van Dyke
Author: Robert H. Stauffer
Author: J. Kehaulani Kauanui
Author: David L. Callies