Crown Land - Hawaii

Hawaii

Prior to the Overthrow of the Hawaiian Monarchy, the Hawaiian monarchs had access to 1.8 million acres (7,300 km²), the private lands of Kamehameha III which he set aside for the dignity of the royal office for the ruler of the Hawaiian Monarchy on 8 March 1848 during the Great Mahele. Kamehameha III and his successors made these lands their private property, selling, leasing or mortgaging at their enjoyment. At the death of Kamehameha IV, it was decided by the Supreme Court that under the above mentioned instrument executed by Kamehameha III, reserving the Crown Lands, and under the confirmatory Act of 7 June 1848, "the inheritance is limited to the successors to the throne," "the wearers of the crown which the conqueror had won," and that at the same time "each successive possessor may regulate and dispose of the same according to his will and pleasure as private property, in like manner as was done by Kamehameha III." Afterwards an Act was passed 3 January 1865, "relieve the Royal Domain from encumbrances and to render the same inalienable." This Act provided for the redemption of the mortgages on the estate, and enacted that the remaining lands are to be "henceforth inalienable and shall descend to the heirs and successors of the Hawaiian Crown forever," and that "it shall not be lawful hereafter to lease said lands for any terms of years to exceed thirty." The Board of Commissioners of Crown Lands shall consist of three persons to be appointed by His Majesty the King, two of whom shall be appointed from among the members of His Cabinet Council, and serve without remuneration, and the other shall act as Land Agent, and shall be paid out of the revenues of the said lands, such sum as may be agreed to by the King."

The lands were held by Queen Lili'uokalani before 17 January 1893. On this date, the government of the Hawaiian Kingdom was overthrown by American and European residents of Hawai`i, with the help of the US Military and with the enforced abdication of the queen, the lands "vested in the king for the purpose of maintaining the royal state and dignity" were taken in charge by the provisional and republican governments. In 1910, Liliuokalani, the former Queen, unsuccessfully attempted to sue the United States for the loss of the Hawaiian Crown Land. On Tuesday, 31 March 2009, the Supreme Court issued a unanimous opinion in Hawaii v. Office of Hawaiian Affairs, reversing the Hawaii Supreme Court’s holding that the federally enacted Apology Resolution bars the State of Hawaii from selling to third parties any land held in public trust until the claims of native Hawaiians to the lands have been resolved. The Court first held that it has jurisdiction to review the Hawaii Supreme Court’s opinion because it rested on the Apology Resolution. It then found the Hawaii Supreme Court’s interpretation of the Apology Resolution to be erroneous, and held that federal law does not bar the State from selling land held in public trust. Accordingly, it remanded the case for the Hawaii Supreme Court to determine if Hawaiian law alone supports the same outcome.