Disquiet Title: Kuleana Land and Western Law
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- Опубликовано: 2 фев 2017
- Mark Zuckerberg's recently aborted attempt to buy out the kuleana parcels within his Pila'a Kauai estate caused an international outcry, and proposed changes to Hawai'i law. What is unique about kuleana land title? Are current laws adequate? Do Native Hawaiians need different protections to keep family lands?
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I think there is a misunderstanding about Kuleana Lands that this show did not address. The Kuleana Land awards were a result of the Kings declaration of rights which he classified three distinct classes of people. The gov't class, chiefly class and native tenant class. Pursuant to the Great Mahele (great division) of land each class was awarded vested rights in all the lands. The Gov't class divided out their 1/3 interest along with the Chiefly class divided their 1/3 interest which left the Native tenants to divide out their 1/3 interest. What the guest failed to expound on is that because not all native tenants were going to make their claims before the expiration dead line it did not mean they lost their opportunity to make a claim later. Chief Justice William Lee solved that problem by creating a condition of title for all lands. It reserved the native tenant's vested right of 1/3 interest by having it stated on all land titles. It states that all land titles are subject to native tenants rights. So kuleana lands could be claimed by all native tenants that would come in the future and not limited to just those land awards that were claimed before the deadline and past down to heirs. This means that each native could make his own claim for his one time claim of his/her 1/3 interest for kuleana land in addition to the land being given to him as an heir. This meant that he/she would hold a fee simple sole title to the property until he/she sold or willed their interest away.
@Kekoa Welina ‘Ano ai Kekoa What you explained here four years ago was explained in a Hawaiian Kingdom weblog article posted on August 25, 2021, entitled Correcting Revisionist Hawaiian History:The 1848 Great Mahele. How is it that you knew what you explained here four years ago, well before the article that mentioned this appeared in the Hawaiian Kingdom weblog?
@@Alahulapuuloakealahelenokaahu I believe this is knowledge that was not needed from the Hawaiiankingdom weblog but knowledge already input within history. it is by history that our knowledge and information comes from and so it is history that we need to go to for answers. that's why history is so important, isn't it?
Would think this could be an issue anywhere in the US. That is, the owner dies, the property passes to his many children and a dispute ensues about what to do with the property. If no action is taken, as the original siblings pass, their share passes on to their children and so on. As the decades pass, the problem becomes more and more unwieldy and unsolvable.
How Do we Get the Land back for the Hawaiians?
What happens to a kuleana if there are no heirs?
it might be sold. My great grandmothers ancestors all controlled nawiliwili and married into eachother. sadly, their descendants could not decide who would inherit the land, and so, the elders decide that they'll have to sell it, which is why nawiliwili. heck, my fam could have controlled the ports. now, my great grandmother only owns a valley which she is fighting over because this one guy is renting her house and isn't actually paying.
Geez, this could have all been avoided had the Hawaiian Royalty allowed Makaainana to own title and deeds to land like they allowed the rich white businessman to do.
oh they did 👍
my great grandmothers ancestors all controlled nawiliwili under Kuleana title and they were all commoner lines.