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Saturday, September 24, 2016

ALODIO FROM KAMEHAMEHA III - Kauikeaouli

More on Alodio/Ano Alodio to Kanaka Maoli vs. Aliens/Foreigners Fee Simple, Less than Alodio Titles

ALODIO FROM KAMEHAMEHA III - Kauikeaouli
                                                     Researched by Amelia Gora (2016); Videos and Posts by
                                                                                       Michael Lee (2016); Other Posts
The following information was gotten from the Records of the Legislature, Archives, Honolulu, Oahu:
  Kamehameha III - Kauikeaouli's Speech of 1851 shows that he conveyed Alodio lands to kanaka maoli and to Aliens/foreigners he conveyed Fee Simple, less than Alodio.
 
Alodio
Amy Kuulei's photo.
Amy Kuulei's photo.
Note:  Our Alodio Land System is based on a Constitutional Monarchy Government and Not the American System.  Americans are from a different Land System.
Kamehameha III - Kauikeaouli's Speech of 1851 reveals the true intent of Lands conveyed by our King from a Constitutional Monarchy Government.
Other Constitutional Monarchy Governments with Alodio Land Systems include Spain, 
                    
 aloha.
The following are Michael Lee's videos on Alodio:
Michael Lee  

Re: Diaspora PRIVATE

 

To: Michael Lee  
Sent: Sunday, September 4, 2016 2:54 PM
Subject: Re: Diaspora PRIVATE

WHOOOAAAA      hello TREASON  ...goodbye alllllllll missionary lands  plus others
good start for responses!!


On Sep 4, 2016, at 12:01 PM, Michael Lee wrote:

Mahalo Kaneloa for your insights,
Mike Lee

From: Kaniloa Kamaunu  
Sent: Sunday, September 4, 2016 10:01 AM
Subject: Re: Diaspora

A'oia 

Maika'i on all that you have written, thanks for your words, if you don't mind here is one thought I would like to share, but once more letter.
Alodial titles have no superiors it owes nothing to anyone. On the other hand a fee simple title states that there is a superior and that a fief (fee/tax) is owed and that the lands are subject to be taken by the superior. In the Kingdom the only way your land could be taken was if the crime of treason was committed.
Mahalo Kani

On Fri, Sep 2, 2016 at 1:43 AM, Michael Lee  wrote:
Dean;
You have to look at the Laws of Kamehameha III. Even Phd. Keanu Sai does not understand Hawaiian Alodial titles. When he was asked what the difference between Alodial title and Fee simple; Free Hold titles he said," they are the same." WRONG on the Royal Patent it says Ana Alodial  higher then Fee Hold or Fee Simple. How can Alodial title be higher than if it is the same OR EQUAL TOO because it is not.
US patents are different from Hawaiian Kingdom patents because they are based on French Common Law not English Common law.
Kamehaheha III used the French legal dictionary ," Bouvier "as the foundation of the enure / inure the interest that resides in the  Hawaiian Royal Patents not the English BLACK's legal dictionary but Bouvier's legal dictionary 1856 4th edition. There is a big difference.
See The The constitution of Hawaii Granted by Kamehameha III October 8, 1840: Laws of 1842 pages 21-23 "Re free fishing grounds"
The Hawaii State constitution says"We have the right to make laws because of the people."
WHAT PEOPLE ? WHO'S PEOPLE?
The Hawaiian's OF THE  blood where the only one's granted Alodial titles under the Acts of the Hawaiian Kingdom Government recognized under a duly elected government under a constitutional monarch recognized under international law under the Western European standards of law where granted Alodial titles by the King of Hawaii Kamehameha III who in 1839 under "THE RIGHTS OF MEN" created the three divisions of power in the Hawaiian Land tenure the CROWN, THE ALI'I /KONOHIKI ,AND THE NATIVE TENANT by his absolute monarchical power at that time.
Kamehameha III as of holder of the Alodium of 4.2 million acres of the Hawaiian Archipelago did a Quit Claim Title to his Hawaiian citizenry of the blood conferred title to private land holdings from the Crown to have and to hold outlining or spelling out their native tenant rights in the land grant of the Royal Patent.. 
What has held back Hawaiians is a mental construct held together by a lie a myth that the Hawaiian Kingdom lands where ceded to the USA in a plebiscite which never took place. NO TREATY OF ANNEXATION IS A PART OF THE RECORD IN THE US SENATE WHO VOTED DOWN THE TREATY OF ANNEXATION BECAUSE OF 2 KUE PETITIONS OF 1893  and 1897 of 37,000 HAWAIIAN KINGDOM NATIONALS OF HAWAIIAN BLOOD at that time. 
Hawaiians are like sleeping beauty under a evil spell of lies put to sleep of inactivity to do what needs to be done. But are now starting to wake up under the reality of the truth that is calling more and more Kanaka's to educate themselves that they have always been sovereign but are now realizing it.
The so called STATEHOOD OF HAWAII ----THE ADMISSIONS ACT---IS ANOTHER LIE
WHAT IT REALLY IS A EXECUTIVE ORDER RATIFIED BY CONGRESS LACKING ANY PROOF OF OWNERSHIP OF THE HAWAIIAN KINGDOM LANDS IN HAWAIIAN ARCHIPELAGO.
Article One Section 1 of the so called Admissions Act fails to explain in any to explain the habendum this is the part in a deed that the grantor and the grantee who is the rightful owner who is transferring clear title to the grantee. So in the Admissions Act who was the party that had the legal right to transfer the HAWAIIAN KINGDOM ALODIUM TO THE USA?
There is NOTHING that state who's transferring the HAWAIIAN KINGDOM LAND UNDER WHAT LEGAL INSTRUMENT RECOGNIZED BY INTERNATIONAL LAW IT IS FICTION A LIE.
WHAT THE ADMISSIONS ACT REALLY DID WAS TURN HAWAII AND ITS LANDS AND ITS KINGDOM NATIONAL INTO A ,"TRUST" WITH THE US GOVERNMENT AS THE FIDUCIARY AND THE BLOOD QUANTUM HAWAIIANS THE BENEFICIARY.
AND THE COURTS AND LAW ENFORCEMENT INTO A CORPORATION SECURITY FORCE WITH JUDGES AS ABROGATORS UNDER A CORPORATE STRUCTURE WITH ARTICLES OF INCORPORATION UNDER HAWAIIAN KINGDOM LAW AS THE FOUNDATION OF LEGAL JUSTIFICATION OF A OCCUPATION OF THE HAWAIIAN KINGDOM GOVERNMENT AND SOVEREIGN RULE OF LAW.
 
WHAT NEEDS TO BE DONE?
CARRY YOUR WATER TO PROTECT YOUR FAMILY BY SECURING THEIR RIGHTFUL INTEREST THAT STILL EXIST IN THE LAND HOLDINGS TO SECURE THE RELIABILITY TO PROVIDE A LIVING VIA YOUR LAND FOR YOUR FAMILY'S INTEREST.
THIS IS BOTTOM UP THINKING NOT TOP DOWN.
What is your instrumentality in law to enforce your rights under the law after you fallow my steps and register all the certified documentation in the Hawaii Bureau of Conveyance.? You give legal notice to the people residing on your land that you are the-lawful Landlord with the highest interest under the law and because no rent payments and interest payments have been made your family has been injure for decades you have cause of standing to put a LEAN on their possessions and property because of the injury placed on your family under the law of the Hawaiian Land tenure the GREAT MAHELE.
Kumukauoha

From: Dean Chu  
Sent: Thursday, September 1, 2016 9:15 PM
Subject: Re: Diaspora

I hope you aren't misinterpreting the skepticism I mentioned as a criticism of the information you are providing.  On the contrary, I agree wholeheartedly that the method you are describing provides a truly pono approach to regaining our lands and healing our people.  
Bottom line is I need to educate myself further.  My wife and I both have that familiar story of family lands lost through sale or adverse possession and I feel that if I can begin to show people that what you say is possible, the revolution will be on!  I would like to start getting my box together and “carry my water”.  Where do I begin?  Do I need to travel back home to take your class?
Respectfully,
Dean

On Aug 31, 2016, at 1:02 AM, Michael Lee  wrote:

Tuesday, August 30, 2016
All my information comes from primary sources the laws of Kamehameha III's government and ground rules laid down by the Hawaiian Kingdom Legislature. In deep interior prayer and meditation Keakua God instructed me to teach the Ko pae aina how to get their lands back in a lawful holy manner like Queen Lilioukalani did in her life time.
Soon our diaspora will be coming home when two events take place.
First event the world wide bubble of printing money from all central Banks will burst on October 29, 2016causing the second event a world wide economic restructuring after the collapse starting in China.
Second the election of the "HITLER-LIKE-DONALD-TRUMP" being elected as US President will ironically build a wall on the Southern board to keep out desolate and desperate people all over South America and central America seeking jobs and a better life but they will not be welcomed  like the Berlin Wall before the collapse of the Soviet Union.
Our kanaka will no longer believe the continental USA is the place to be and a exodus will take place in 2017 increasing year after year getting larger till 2020.. 
This will all be taking place as the MAUNA KEA thirty meter telescope court case and appeal makes its way to the Hawaii State Supreme Court where they will rule in favor of the thirty meter telescope being allowed to be built on the Northern slope of Mauna Kea.
But all will change in August 2020 when the flash of a super nova will be seen in the sky with the big rain flood that will son fallow on Mauna Kea as a sign of a great change and the rebirth of the Hawaiian Kingdom. 
Only when you see all these things happen you will believe;
Kumukauoha


From: Dean Chu  
Sent: Tuesday, August 30, 2016 8:12 PM
Subject: Diaspora

Aloha Kumu Lee,

Iʻm sure youʻre very busy, so I will try to keep this short.

I am one of the diaspora on the continent, originally born and raised in Manana, Oahu.  I have seen a number of your videos regarding allodial titles.  I’m pretty skeptical of the claims that you are making, but because I feel a need to investigate anything that may help the Lāhui and my Ohana, I would like to look further into the process you describe.  Is there any way for people on the continent to take one of your classes and/or begin the process youʻre describing?  Definitely put me on the list if you plan to be in the Los Angeles area.

Mahalo for putting yourself out there and defending the homeland and also for doing it in such a pono way.  It is exciting to see the reawakening amongst our people, but it is even more so when I see the incredible ʻike coming forth from people like yourself.

Malama Pono,
Dean Chu
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Permalink Reply by Amelia Gora on September 10, 2016 at 8:48pm
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The Aina Forum:

Abstract for Kuleana: A Genealogy of Native Tenant Rights

This may be the shortest post yet, but Iʻve purposely avoided posting any of my dissertation here on the umiverse. As Iʻm basically done now, I thought Iʻd at least post the abstract here for you r consideration. I plan to convert it to a book as soon as humanly possible.
During the period of the privatization of land in Hawaiʻi (1840 – 1855), kuleana, usually translated as “native tenant rights,” constituted both a right to, and responsibility over, land for Hawaiians. The 1850 Kuleana Act provided a means for makaʻāinana to divide out these rights and gain a fee simple title to the lands under their cultivation. Using a hybrid genealogical method, I argue that these rights were elided by gathering rights in the period since the 1890s. By debating the extent of gathering rights, courts have been able to appear liberal, while obscuring the profound rights of Kānaka Maoli embedded in Hawaiʻi’s land tenure system. The 1850 Kuleana Act was a continuation of the process begun with the 1848 Māhele, which I contend was misconstrued by twentieth century scholars. This contributes to the confusion over native tenant rights. I examine both the foundations of the introduced system of land law (the ideas of dominium, eminent domain and property itself), and responses to kuleana rights – the Land Court, 1895 Land Act, and legal cases such as Dowsett v. Maukeala. In examining its foundations, I use a concept I call theoretical encounter, which attempts to apprehend the meeting of ideas. In analyzing the responses to kuleana, I use the framework of legal pluralism, which acknowledges the simultaneous existence of multiple legal regimes. In examining the question of the alienation of Hawaiians from land, I find that a technique called erasure allowed for a radical forgetting of place. Central to the debate over kuleana lands is the notion of a deadline on claims to such lands. I problematize the idea of a deadline on claims, opening questions over the continued existence of kuleana in the present day.
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Tagged as ceded lands, Hawaii, Hawaiian, Hawaiian land, kuleana, kuleana act, land, native tenant rights

12 responses to “Abstract for Kuleana: A Genealogy of Native Tenant Rights”

  1. Kalawaia
    March 13, 2013 at 5:39 am
    This looks really great. I canʻt wait to read it. I have a question for you that I hope you might be able to help me with. In the 1847 Joint Resolution that laid out the rights of each class, the Hoaaina have certain rights. Then in the 1850 Kuleana Act those who have attained allodial title to land have a different set of rights than the Hoaaina stated in the earlier Joint Resoltuion. IN Oni versus Meek the court comes to a decision that the 1850 Act has now succeeded the 1847 JR. I always thought that the 1847 JR was laying out what Hoaaina rights were, and that the 1850 Act laid out rights of Native Tenants who had seperated their right to land out in the form of a fee simple titled lot. But, it loooks like its more complicated than that after 1850. Wheer do we see the complication between those who have not gotten allodial title versus those who did explined in further detail? Is there anything youʻve seen that does this?
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    • umi
      March 13, 2013 at 9:37 pm
      In my view, your original statement is correct, that the rights laid out are different (perhaps more abstract) than what is addressed in the Kuleana Act. Youʻre way ahead of most people, who donʻt even really see this on the level of rights at all. No, I havenʻt seen anything that really addresses the difference. I had a long talk with Keanu about all of this last night (heʻs reading the diss right now) -and youʻre right its complicated, but I think you have the right understanding.
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  2. Bianca Isaki
    March 13, 2013 at 6:26 am
    Looks great – and your focus seems much revised since I last saw it. I love that you’re problematizing the ‘deadline on claims’ to kuleana lands (or any native entitlement, really). We leave too much presumed around law and policies that prescribe timelines – and their associated structures of meritocracy, due diligence, and reasonable men. Can’t wait to read about your concept of theoretical encounters.
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  3. Keli'ikanaka'ole
    March 14, 2013 at 12:20 am
    Do you trust any law passed after 1893? It seems the Hawaii State court wants to make everyone heirs……so the families fight over the small lands and the thieves continue their legacy.. you see the blatant theft of our lands in the documents and we have to litigated against Kamehameha Schools, Hawaiian Electric, Churches , Banks..etc…
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    • umi
      March 15, 2013 at 6:02 am
      Personally, I donʻt. But I had to write in a way to convince those who donʻt necessarily agree with me – I do strongly address the legitimacy of the Republic Court, and its ability to change Hawaiian law.
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  4. Noa Napoleon
    April 5, 2014 at 6:26 am
    Iʻd really like to get a copy asap!
    On the subject of allodial titles.
    Any insight on the term “less than” allodial?
    Itʻs like the feudal system right? Land resorts back to the government. Thats all I know. Many Hawaiian families are being told to move on to their inheritance lands while the International Criminal courts review our claims, which I presume are about fraudulently settled land tiles. They all seem to “believe” that the reinstatement of the Hawaiian KIngdom Government will result in these sorts of claims being revived and re-litigated. But will it?
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    • umi
      April 14, 2014 at 9:25 pm
      I think those in the know now know that less than allodial, or “ma lalo o ke ano alodio” is a life estate. This could mean some land owners who think they have fee simple title, in fact donʻt. This was the appeal to me of writing about land – if a land title is found to be invalid (not just clouded), they can’t say itʻs a “political question,” like they do with sovereignty-related issues.
      As for the dissertation – it is available on the ironically-named UMI: Universal Microfilm Index. Iʻm hesitant to just send out copies because itʻs currently under review with University of Arizona Press.
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      • Kaehuokalani
        March 17, 2015 at 3:06 am
        Aloha…
        I recently ordered copies of one of the deeds for a Kuleana land of my kupuna and it says “ma ke ano alodio iloko o kahi i olelo ia malalo” I had it translated by Jason Achiu, at the Archives; and he translated it to “an estate in Fee-simple” Is his translation wrong? Should it translate as life estate in said land? Does this mean that my kupuna kuleana reverted back to Kamehameha III (Crown Lands) or to the Government instead of descending to heirs?
        Just wondering because I actually looked into this for genealogy research of where my ohana came from and found that this kuleana had passed into the hands of heirs at law through probate in 1864 in the HK Supreme Court, again between 1880-1900, and again in 1923 all stating “To have and to hold my said parcels of land, with the house upon it and all the rights and benefits pertaining thereto unto…and his heirs, representatives and assigns forever.” Then I came across a summons in 2007 to defendants/heirs to said kuleana for a quiet title action by current occupant/owner wanting to sell the parcel.
        I do understand that all conveyances of land titles did come to a halt in 1893 as the Illegal OCCUPATION of our government began, and that incompetent notaries unable to validate a conveyance of title, voids out any transfers thereafter, but what about the ano alodio title passing to heirs after Awardee’s death in 1864 instead of reverting back to the fee-simple owner?
        Would you help clarify my state of confusion🙂 it would be greatly appreciated? Mahalo Nui!
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      • umi
        March 17, 2015 at 4:40 am
        I don’t think it’s a life estate..
        Like
      • umi
        March 17, 2015 at 8:36 pm
        I asked a friend to look at it and he said: “In an allodial fashion as written below” but it is a bit confusing because “i loko” can have a few different meanings..
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  5. Shelley Mahi
    October 30, 2014 at 6:38 pm
    Aloha to all,
    I am with the Native Tenant Protection Council. We are working on the issue of Defunct Sugar Company lands which were leased from the Hawaiian Kingdom Government….records have surfaced that prove leases have long expired on thousands of acres. These “old sugar cane lands” contain Mahele Titles, L.C.Aw. , Government Ahupua’a, Royal Patents, Homesteads, and other Kanaka Appurtenant rights. An urgent message was sent to Congress to freeze all such lands and to make them available to heirs and native tenants. Looking at such available protections as HRS 172-11 where rights of the heirs of royals patents inure even if the land was alienated. County of Hawaii admits in writing they have no policy on native tenants. See also HRS 183C-5 (kuleana lands usage) and HRS174-101(c)
    for appurtenant water rights…..aloha for now….Shelley Mahi
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Permalink Reply by Amelia Gora on September 10, 2016 at 9:02pm
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References:

Maui Court Case - Kahoma

kamehamehaiii.blogspot.com/
The Judge Has No Jurisdiction because the government that he represents are ... III - Kauikeaouli's Speech of 1851 which shows that Alodio/Alodial Titles belongs to ... What is the difference between Land Court System and Regular System at ...

Previous Evidence of Alodio/Ano Alodio Lands: Rents and Leases due ...

maoliworld.ning.com/.../previous-evidence-of-alodio-ano-alodio-lands-r...
Jun 27, 2016 - 2 posts - ‎1 author
Amelia Gora, one of the Private Property owners, Alodio/Ano Alodio Title .... on the Hawaiian Kingdom laws under the alodio/ano alodio land system ... that hasPERPETUAL Treaty(ies) with the Hawaiian Government cannot ...

Kanaka Maoli Alodio/Lodial/Ano Alodio Land Reclamation

hawaiiankingdomnews.blogspot.com/.../kanaka-maoli-alodiolodialano-al...
Sep 27, 2015 - Kauikeouli/Kamehameha III didn't need to share the lands to others but did. .... 2/3 of the Hawaiian Government is based on the hereditary rights of the Royal ...... changes in land ownership under the alodio/ano alodio system.

News from the Hawaiian Kingdom: SPECIAL EDITION - Wrongful ...

hawaiiankingdomnews.blogspot.com/.../special-edition-wrongful-dethro...
Jan 16, 2016 - ID Thieves have claimed to be our Hawaiian Government but are .....have an ALODIO/ANO ALODIO Land System which is Not the Same as the ...
theiolani.blogspot.com
http://myweb.ecomplanet.com/GORA8037
https://www.youtube.com/watch?v=qQC5FPPmdos  
Ho'aikane - Medley: Keep Hawaiian Lands / Waiting In Vain
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