Ceded lands
Encyclopedia
In Hawaii
, 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 Hawaii
(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 Hawaii 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:
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 Hawaii
. A number of facilities, including airports and military facilities, are located on ceded lands, which in part leads to the controversy surrounding the issue.
On November 14, 2008, The Honolulu Advertiser
published an editorial titled, "Resolve Claims Before Selling Ceded Lands." One week later, another editorial was published in the Honolulu Advertiser titled, Ceded Lands Appeal Should Be Withdrawn.
Senate Concurrent Resolution 40 and Senate Resolution 25 urged the Governor to withdraw her appeal to the U.S. Supreme Court and declares "the public policy of the State of Hawaii is to honor the decision of the Hawaii State Supreme Court."
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, 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
Kamehameha III
Kamehameha III was the King of Hawaii from 1825 to 1854. His full Hawaiian name was Keaweaweula Kiwalao Kauikeaouli Kaleiopapa and then lengthened to Keaweaweula Kiwalao Kauikeaouli Kaleiopapa Kalani Waiakua Kalanikau Iokikilo Kiwalao i ke kapu Kamehameha when he ascended the throne.Under his...
during the Great Mahele
Great Mahele
The Great Mahele or just the Mahele was the Hawaiian land redistribution act proposed by King Kamehameha III in the 1830s and enacted in 1848.-Overview:...
. 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 Hawaii
Republic of Hawaii
The Republic of Hawaii was the formal name of the government that controlled Hawaii from 1894 to 1898 when it was run as a republic. The republic period occurred between the administration of the Provisional Government of Hawaii which ended on July 4, 1894 and the adoption of the Newlands...
(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 Hawaii 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:
- Support of public education
- Betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act of 1920
- Development of farm and home ownership
- Public improvements
- 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
Office of Hawaiian Affairs
The Office of Hawaiian Affairs is a semi-autonomous entity of the state of Hawaii charged with the administration of 1.8 million acres of royal land held in trust for the benefit of native Hawaiians...
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 Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
. A number of facilities, including airports and military facilities, are located on ceded lands, which in part leads to the controversy surrounding the issue.
Recent events
On January 31, 2008, the Hawaii Supreme Court ruled that the State of Hawaii had to resolve the unrelinquished claims of Native Hawaiians before selling ceded lands. The U.S. Supreme Court overturned the portion of the decision based upon the federal Apology Resolution on March 31, 2009. The Court remanded the case back to the Hawaii State Supreme Court to reconsider its decision based upon state law. The majority of the suit was subsequently settled out of court, and the Hawaii Supreme Court dismissed the remaining, non-settled claims as unripe.On November 14, 2008, The Honolulu Advertiser
Honolulu Advertiser
The Honolulu Advertiser was a daily newspaper published in Honolulu, Hawaii. At the time publication ceased on June 6, 2010, it was the largest daily newspaper in the American state of Hawaii. It published daily with special Sunday and Internet editions...
published an editorial titled, "Resolve Claims Before Selling Ceded Lands." One week later, another editorial was published in the Honolulu Advertiser titled, Ceded Lands Appeal Should Be Withdrawn.
Senate Concurrent Resolution 40 and Senate Resolution 25 urged the Governor to withdraw her appeal to the U.S. Supreme Court and declares "the public policy of the State of Hawaii is to honor the decision of the Hawaii State Supreme Court."