[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.
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.
Waipi‘o Valley, Hawai‘i
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.
Waipi‘o Valley, Hawai‘i
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.
Waipi‘o Valley, Hawai‘i
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
Adverse Possession, Quieting Titles
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
Adverse Possession, Quieting Titles
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
Adverse Possession, Quieting Titles
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
Adverse Possession, Quieting Titles
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)
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.