Ceded Lands

In Hawaiʻi, the term "ceded lands" refers to 1.8 million acres (7,300 km²) of land that were the crown lands of the Hawaiian monarchy prior to January 17, 1893, lotted out by Kamehameha III during the Great Mahele. On this date, the government of the Hawaiian Kingdom was overthrown by anti-monarchial residents of Hawai`i. The abrogation of the monarchy led in turn to the formation of a Provisional Government (January 17, 1893 - July 3, 1894) and to the Republic of Hawaiʻi (July 4, 1894 - August 12, 1898) which was the government that sought and achieved annexation.

At the time of annexation, the former Crown lands were given ("ceded") to the US Federal Government. When Hawaiʻi became a U.S. state, the lands were transferred to the state. The federal act authorizing the transfer required that the lands be held in trust and that revenue from the land be used for five purposes:

1. Support of public education
2. Betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act of 1920
3. Development of farm and home ownership
4. Public improvements
5. Provision of lands for public use

Delegates to the State of Hawaii Constitutional Convention, believed that the second purpose had been largely ignored, amended the state constitution to create the Office of Hawaiian Affairs as an avenue for Native Hawaiians to make their own decisions as to investment of ceded lands and collect revenue generated by those lands to fund programs for the people.

Some Native Hawaiian organizations contend that these lands belong to the Hawaiian people, and that any use of or possession of them by any other body is not legal. Such groups are seeking back rent for the use of the land, as well as the return of the title to said land.

At present, control of these lands is divided mostly between the US Federal Government and the state of Hawaiʻi. A number of facilities, including airports and military facilities, are located on ceded lands, which in part leads to the controversy surrounding the issue.