Who Owns the Crown Lands of Hawai‘i?

Who Owns the Crown Lands of Hawai‘i? PDF Author: Jon M. Van Dyke
Publisher: University of Hawaii Press
ISBN: 082486560X
Category : History
Languages : en
Pages : 505

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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

Who Owns the Crown Lands of Hawai‘i?

Who Owns the Crown Lands of Hawai‘i? PDF Author: Jon M. Van Dyke
Publisher: University of Hawaii Press
ISBN: 082486560X
Category : History
Languages : en
Pages : 505

Get Book Here

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

The Czechs and the Lands of the Bohemian Crown

The Czechs and the Lands of the Bohemian Crown PDF Author: Hugh Agnew
Publisher: Hoover Press
ISBN: 0817944931
Category : History
Languages : en
Pages : 472

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Book Description
In this chronicle of a fascinating people, Hugh Agnew offers a single-volume survey of Czech history, providing an introduction to its major themes and contours. Agnew presents a detailed chronology of the region, from prehistory and the first Slavs to the Czech Republic's entrance into the European Union. Taking into account both Western and Marxist insights—as well as the input of the newest generation of Czech historians—he furnishes a comprehensive fusion of three different aspects of Czech history: a political-diplomatic view, a social-economic view, and a cultural-intellectual view.

Land, Man and the Law : the Disposal of Crown Lands in British Columbia, 1871-1913

Land, Man and the Law : the Disposal of Crown Lands in British Columbia, 1871-1913 PDF Author: Robert Edgar Cail
Publisher:
ISBN:
Category : British Columbia History
Languages : en
Pages : 333

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Book Description


Aboriginal Customary Law: A Source of Common Law Title to Land

Aboriginal Customary Law: A Source of Common Law Title to Land PDF Author: Ulla Secher
Publisher: Bloomsbury Publishing
ISBN: 1782253769
Category : Law
Languages : en
Pages : 542

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Book Description
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

The Laws of British Guiana

The Laws of British Guiana PDF Author:
Publisher:
ISBN:
Category : Statutes
Languages : en
Pages : 534

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The Australasian Annual Digest

The Australasian Annual Digest PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 262

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Votes & Proceedings

Votes & Proceedings PDF Author: New South Wales. Parliament. Legislative Council
Publisher:
ISBN:
Category : New South Wales
Languages : en
Pages : 1066

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The Public General Statutes

The Public General Statutes PDF Author: Great Britain
Publisher:
ISBN:
Category : Session laws
Languages : en
Pages : 700

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The New Zealand Official Year-book

The New Zealand Official Year-book PDF Author: New Zealand. Department of Statistics
Publisher:
ISBN:
Category : New Zealand
Languages : en
Pages : 436

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A Collection of Acts Relating to the Transfer Of, Or Dealing With, Land

A Collection of Acts Relating to the Transfer Of, Or Dealing With, Land PDF Author: New South Wales
Publisher:
ISBN:
Category : Real property
Languages : en
Pages : 304

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Book Description