More on Alodio/Ano Alodio to Kanaka Maoli vs. Aliens/Foreigners Fee Simple, Less than Alodio Titles
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.
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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.Filed under Uncategorized12 responses to “Abstract for Kuleana: A Genealogy of Native Tenant Rights”
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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 authorAmelia 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.comHo'aikane - Medley: Keep Hawaiian Lands / Waiting In Vain
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?
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?
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