[Need Settlement Pattern Photo] Traditional Land Tenure Use

[Need Settlement Pattern Photo]Traditional Land TenureUse

[Intro – Julie]

Today on Maui there are issues related to land tenure that are directly connected to the Hawaiian period. To become familiar with these requires at least some knowledge of how traditional Hawaiian tenure and land use evolved, how it was structured, and ultimately, how it was compromised over time.

By the early 1600s, Maui was divided into twelve districts or Moku. A Moku functioned as the basic land holding unit and was the domain of the chief, island, or subdivision thereof. They included Hamakuaola, Hamakuapoko, Hana, Honua’ula, Ka’anapali, Kahikinui, Kaupo, Kipahulu, Ko’olau, Kula, Lahaina, and Wailuku. In addition, the islands of Lana’i, Moloka’i, and Kaho’olawe were designated Moku of Maui.

1838

Each Moku was divided into smaller land units or Ahupua’a. They ranged in size from 100-10,000 acres. Their boundaries were natural and conse-quently, the ideal ahupua’a was roughly triangular in shape and ran from the mountain top (mauka) to the sea (makai). The first map of Maui that showed the Ahupua’a was drawn in 1838 by Kalama.

Maui Ahupua`a

There were 141 Ahupua‘a designated for the island

Sou

rce:

Pat

rick,

Kat

herin

e Lo

kela

ni.

Kam

eham

eha

Sch

ools

, Mau

i Cam

pus,

200

5

Ahupua’a Walls

Each Ahupua‘a was divided into sections or Ili. They were of variable acreage and their boundaries werealso natural. They consistedof mountains or uplands, known as Uka, plains or fields, known as Kula, and coastal lands and the sea or Kai.

Ahupua‘a (Idealized Typ. Land Division)

Forest Zone (Mauka)Forest Products: firewood, timber, birds, plants

Agricultural ZoneAlluvial Areas: taro patches, Lo’i, irrigation by ditches, ‘auwai

Coastal Zone (Makai)Fishing: shellfish, seaweed, Limu, salt ponds, Fishponds, fishtrapsHabitation sites and Kauhale

Mauka-Makai Trail

Uplands, planting of potatoes and dry taro, kula lands

Stream, Kahawai

Hōlua Slide

Tree crop plantations Breadfruit, bananas, coconut

Taro

Fortress

Petroglyphs

Fishpond

Sea (Kai)FishingFishing grounds

Lo’i

After Minerbi (1998)

Temple, Heiau, Fishing shrine, Ko‘a

Upper forest, Wao Akua

Temporary habitation sites

Graves

Temple, Heiau

Mauka-Makai Trail

Spring, Pūnāwai

Mid-elevation trail

Barren lava

Caves

Place of refuge, Pu‘uhonua

Sacred grove

Coastal Trail

Lower Forest, Wao Kanaka

Leaping place of the souls, Lenia-a-ka ‘uhane

Burial dunes

Canoe Hālau

Canoe landing, Panea Wa‘a

Habitation sites and Kauhale

The Ahupua’a as well as then Moku continued to be recorded well into the twentieth century on maps of Mauithat were produced by the U.S. Territorial Government.

1929

[Image] The management of the entire Hawaiian land system existed within a hierarchical social structure. Chiefs or Ali’i controlled the Ahupua’a. Subordinate chiefs or Konohiki controlled Ili, and smaller units of land called Mo‘o. Maka’ ainana or commoners worked the land for the chief and sub-chiefs. They held certain gathering rights in non-cultivated lands in an ahupua’a and farmed plots for their own use.

Moku (District) Villages (Ap. no.)

Ka`anapali 46Lahaina 29Wailuku 97Kula 26Hamakuapoko 7Hamakualoa 34Ko‘olau 17Hana 15Kipahulu 6Kaupo 3Kahikinui 1Honua‘ula 15 Source: Coulter, John Wesley. Population and Utilization of Land

and Sea in Hawaii, 1853. Honolulu: Bishop Museum, 1931

1853

The Hawaiian land tenure and land use system supported a population that in 1778 numbered in excess of 1 million per-sons. In 1853 there were almost 300 villages located in the twelve Moku on the island of Maui.

Maui heiau sites identified by W.M. Walker in Archaeology of Maui (1930). Courtesy of the Bishop Museum.

There were also 250 heiau that were recorded as having been located on Maui and associated with these communities.

[Transition – Julie]

Cou

rtesy

of h

awai

ipic

ture

s.co

m

Traditional land tenure and use within the Ahupua‘awas organic. Unfortunately, Maui’s ahupua’a have not been studied as much as others. The best exam-ple comes from Waipio Valley on the Big Island, where traditional land tenure and use have been thoroughly documented.

Muliwai Fishpond

Mokapu Fishpond

Palaka Heiau

Moa‘ula Heiau

Koele o ‘Umi

Palaka Heiau

Neneuwe Falls

Honua‘ula Heiau

Paka‘alana Heiau

Hokuwelowelo Heiau

Lalakea Fishpond

Hokuwelowelo Heiau

Hi‘ilawe Falls

Wail

oaSt

ream

Hi‘il

awe

Stre

am

Waipi‘o Valley, Hawai‘i

Ka Haunokama‘ahala

Lo‘i – A single irrigated taro flat; wetland taro patch; or irrigated terrace for taro, but also for rice; i.e., paddy. Lucas, Paul F. Nahoa. A Dictionary of Hawaiian Legal Land Terms. Honolulu: University of Hawaii Press, 1995.


Wauke – Paper Mulberry (Broussonetia papyrifera); a small tree or shrub the bark of which was used to make tapa. Pukui, Mary Kawena and Samuel H. Elbert. New Pocket Hawaiian Dictionary. Honolulu: University of Hawaii Press, 1992.


Kula – Dry land or pasture; any open uncultivated [or fallow]land; a field [set aside] for cultivation. Lucas, Paul F. Nahoa. A Dictionary of Hawaiian Legal Land Terms. Honolulu: University of Hawaii Press, 1995.


1780

Cpt

. Jam

es C

ook

land

s

In th

e H

awai

ian

Isla

nds

Land Tenure in Hawai‘i (1780-2000) A.D. 400 - Polynesians settle in the Hawaiian Islands 1778 - Cpt. James Cook lands in the Hawaiian Islands1779 - Cpt. James Cook dies on Hawai’i

Cpt

. Jam

es C

ook

dies

on

Haw

ai’i

Poly

nesi

ans

settl

e in

the

Haw

aiia

n Is

land

s

A.D. 400

1780 1790 1800

1790 - Kamehameha I unites Hawaiian Islands

Kam

eham

eha

I uni

tes

Haw

aiia

n Is

land

s

1800 1810 1820

Kam

eham

eha

II

Ass

umes

thro

ne

1819 - Kamehameha II assumes throne; Abolition of Kapu System

1820 - Christian Missionaries arrive in Hawai‘i

Chr

istia

n M

issi

onar

ies

arriv

ein

Haw

aii

1820 1830 1840

Bill

of R

ight

s; L

and

O

wne

rshi

p

1819 - Kamehameha II assumes throne 1820 - Christian Missionaries arrive in Hawai‘I1820-50 - Two thirds of Hawaiian population die from disease 1823 - Kamehameha III assumes throne1825 - Right of Succession; Konihiki rights to retain land after death of monarch 1833 - Private land surveys initiated1839 - Bill of Rights and right to own land adopted1840 - Constitution adopted1841 - Constitutional Amendment; 50-year leases to foreigners1845-48 - Ka Mahele (land division); Board of Land Commission est (1845); titles classified (1848)1850 - Kuleana Act; Māka’ainana right to claim lands; Royal Patents;

Alien residents receive right to own and sell land 1850-60 - Auctioning off of gov. lands; 64% foreign, 36% Hawaiian

Kam

eham

eha

IIIas

sum

es th

rone

Chr

istia

n M

issi

onar

ies

arriv

e in

Haw

aii

1833

Em

erso

n M

ap

Uni

dent

ified

Sur

veys

Land Surveys (Private)

Law

of 1

825

Kon

ihik

iLan

d R

ight

s

1840 1850 1860G

reat

Mah

ele

Land

Com

mis

sion

es

t.

Con

stitu

tion

of 1

840

Kam

eham

eha

III

Alie

n La

nd L

awK

ulea

naA

ct

Bur

eau

of C

onve

yanc

eses

t.

Land

Com

mis

sion

dis

.K

arm

eham

eha

IV

Ass

umes

thro

ne

Land Commission Award (LCA)Buke Kakau Pa‘a

Land Commission Awards

Law

s of

184

2

Oni

v. M

eek

Land

Act

of 1

846

Royal Pat. Issued (?)

Bureau of Conveyances

Roy

al P

aten

ts Is

sued

[1892]

Land Surveys (Hawaiian Government)(?)

Con

st. A

men

dmen

t50

-yea

r for

. lea

ses

Fee Patents, Lahaina, Honolulu

1860 1870 1880

Rec

ipro

city

Tre

aty

1870 - Adverse Possession Law1871 - Statutory reclamation periods est. at 20 years1876 - Reciprocity Treaty passed

(sugar exports increased from 8000 pounds to 2,567,498 pounds)

Surv

eyor

Gen

eral

Es

t.

Adv

erse

Pos

sess

ion

Stat

ute

Adverse Possession, Quieting Titles

Luna

lilo

assu

mes

Thro

one

Kalāk

aua

assu

mes

Thro

one

Kam

eham

eha

VA

ssum

es th

roon

e

Bureau of Conveyances

Kon

ihik

iAw

ards

ext

.

KonihikiAwards Ext.

Land Surveys (Hawaiian Government)(?)

1880 1890 1900

1884 - Land Act 1887 - Bayonet Constitution 1891 - Queen Liliuokalani assumes throne 1892 - Homestead Act adopted1893 - Queen Liliuokalani deposed; Republic

of Hawaii established; Sanford B. Dole president

1898 - Annexation of Hawaii by USA & 1.8 mil. acres (“Ceded” or in trust) to USA; stat. reclamation period reduced to 10 years

- Hawaiian Organic Act adopted 1900 - Territory of Hawaii established

Liliu

okal

ani d

epos

edR

ep. o

f Haw

aii e

st.

Ann

exat

ion

Hom

este

ad A

ct

Liliu

okal

ani a

ssum

es

thro

ne

Dow

sett

v. M

auke

ala

1895

Lan

d Ac

t


Org

anic

Act

; T.

H. e

st.

1884

Lan

d A

ct

1887

Con

stitu

tion

1900 1910 1920

Terr

itory

of

Haw

aii e

st.

1900 - Territory of Hawaii established1910 - Liluokalani v. United States to reclaim Crown Lands;

Amendment to Organic Act 1917 - Queen Liliuokalani dies

Que

en L

iliuo

kala

ni

dies


Lilu

okal

aniv

. U.S

.(C

row

n La

nds)

Am

endm

ent t

o O

rg.

Act

(“C

eded

Lan

ds”)

1920 1930 1940

1921 - Hawaiian Homelands Commission Act (Pub. L. No. 67-34-42 Stat. 108)200,000 ac. Class II + IV Ag. lands

1923 - Crown Lands became part of public domain (971,463 acres)

1920-30 - Kuleana parcel exchanges between plantations and Hawaiians

1959 - Admission Act (conferring statehood); Appropriation of “Ceded Lands” by State of Hawaii


Kuleana Parcel Exchanges

Cro

wn

Land

s Tr

ansf

eral

Haw

. Hom

elan

ds C

om.

Act

1940 1950 1960

Adm

issi

on A

ct

Stat

ehoo

d


1959 - Admission Act (conferring statehood); Appropriation of ceded lands

1960 1970 1980Adverse Possession, Quieting Titles

Stat

. rec

lam

atio

n pe

riod

chan

ged

to _

yrs

.

Offi

ce o

f Haw

aiia

n A

ffairs

(OH

A) e

st.

1970 - Kalama Valley evictions (Hawaiian Sovereignty Movement begins)1978 - Office of Hawaiian Affairs (OHA) established1980 - Sand Island evictions

1980 1990 2000Adverse Possession, Quieting Titles

Pub.

Acc

ess

Shor

elin

e H

awai

iv.

Haw

aii C

o. P

lann

ing

Com

.

HR

S A

rt. V

II, S

ec. 7

Trad

. + C

usto

mar

y R

ight

s

1993 - Apology Bill1995 - Hawaii Revised Statutes (HRS) Article VII, Section 7,

“Traditional and Customary Rights”1996 - Public Access Shoreline Hawaii v Hawaii County Planning Commission

(PASH)

Land

Ten

ure

Res

idua

l Lan

d Is

sues

1885

Mau

i, K

ingd

om o

f Haw

aii,

Sur

veye

d in

188

5 by

W.D

. Ale

xand

er &

S.E

. Bis

hop.

C

ourte

sy U

.S. L

ibra

ry o

f Con

gres

s, W

ashi

ngto

n, D

.C.

Lands that were owned by the Monarchy were known as Crown Lands (gold) and land owned by the nobility and and their representatives were known as Government Lands (green). The latter are now referred to as “Ceded Lands” though they were never officially transferred from the Hawaiian government to the U.S.

Res

idua

l Lan

d Is

sues

Summary

Fee Simple Land Titles

Title to Leaseholds

Kuleana Parcel Titles (involved in exchanges)

Crown Lands

“Ceded” Lands

Water rights

Access and Gathering rights

The above residual land issues remain as yet unresolved and tied to many acres of Maui lands that are proposed for development each year.

[Need Settlement Pattern Photo] Traditional Land Tenure Use

Documents

Transcript of [Need Settlement Pattern Photo] Traditional Land Tenure Use