[Need Settlement Pattern Photo]Traditional Land Tenure Use [Intro – Julie]

Today on Maui there are issues related to land tenure that are directly connected to the Hawaiian period. To become familiar with these requires at least some knowledge of how traditional Hawaiian tenure and land use evolved, how it was structured, and ultimately, how it was compromised over time. By the early 1600s, Maui was divided into twelve districts or Moku. A Moku functioned as the basic land holding unit and was the domain of the chief, island, or subdivision thereof. They included Hamakuaola, Hamakuapoko, Hana, Honua’ula, Ka’anapali, Kahikinui, Kaupo, Kipahulu, Ko’olau, Kula, Lahaina, and Wailuku. In addition, the islands of Lana’i, Moloka’i, and Kaho’olawe were designated Moku of Maui. 1838

Each Moku was divided into smaller land units or Ahupua’a. They ranged in size from 100-10,000 acres. Their boundaries were natural and conse- quently, the ideal ahupua’a was roughly triangular in shape and ran from the mountain top (mauka) to the sea (makai). The first map of Maui that showed the Ahupua’a was drawn in 1838 by Kalama. Maui Ahupua`a

There were 141 Ahupua‘a designated for the island lands and the sea or known asKula, and coastal known as of mountains oruplands, also natural. Theyconsisted and theirboundaries were were ofvariable acreage into sectionsor Each hpaaWalls Ahupua’a Ahupua‘a Uka, plains or fields, Ili. They was divided Kai .

Source: Patrick, Katherine Lokelani. Kamehameha Schools, Maui Campus, 2005 Ahupua‘a (Idealized Typ. Land Division) After Minerbi (1998)

Upper forest, Wao Akua Forest Zone (Mauka) Spring, Pūnāwai Forest Products: firewood, timber, birds, plants Hōlua Slide Lower Forest, Wao Kanaka Mauka-Makai Trail Temporary habitation sites

Uplands, planting of potatoes and dry taro, kula lands

Graves Stream, Kahawai

Temple, Heiau Agricultural Zone Mauka-Makai Trail Alluvial Areas: taro patches, Lo’i, irrigation by ditches, ‘auwai Mid-elevation trail Taro

Barren lava Tree crop plantations Breadfruit, bananas, coconut Caves

Fortress Place of refuge, Pu‘uhonua Habitation sites and Kauhale Petroglyphs

Sacred grove Coastal Zone (Makai) Fishing: shellfish, seaweed, Limu, salt ponds, Fishponds, fishtraps Coastal Trail Habitation sites and Kauhale Burial dunes Lo’i Leaping place Temple, Heiau, of the souls, Fishing shrine, Ko‘a Lenia-a-ka ‘uhane Fishpond Canoe Hālau Sea (Kai) Canoe landing, Fishing Panea Wa‘a Fishing grounds 1929

The Ahupua’a as well as then Moku continued to be recorded well into the twentieth century on maps of Maui that were produced by the U.S. Territorial Government. The management of the entire [Image] Hawaiian land system existed within a hierarchical social structure. Chiefs or Ali’i controlled the Ahupua’a. Subordinate chiefs or Konohiki controlled Ili, and smaller units of land called Mo‘o. Maka’ ainana or commoners worked the land for the chief and sub-chiefs. They held certain gathering rights in non-cultivated lands in an ahupua’a and farmed plots for their own use. 1853

Moku (District) Villages (Ap. no.)

Ka`anapali 46 Lahaina 29 Wailuku 97 Kula 26 Hamakuapoko 7 Hamakualoa 34 Ko‘olau 17 Hana 15 Kipahulu 6 Kaupo 3 Kahikinui 1 Honua‘ula 15 Source: Coulter, John Wesley. Population and Utilization of Land and Sea in Hawaii, 1853. Honolulu: Bishop Museum, 1931 The Hawaiian land tenure and land use system supported a population that in 1778 numbered in excess of 1 million per- sons. In 1853 there were almost 300 villages located in the twelve Moku on the island of Maui. Maui heiau sites identified by W.M. Walker in Archaeology of Maui (1930). Courtesy of the Bishop Museum.

There were also 250 heiau that were recorded as having been located on Maui and associated with these communities. Courtesy of hawaiipictures.com Courtesy

[Transition – Julie]

Traditional land tenure and use within the Ahupua‘a was organic. Unfortunately, Maui’s ahupua’a have not been studied as much as others. The best exam- ple comes from Waipio Valley on the Big Island, where traditional land tenure and use have been thoroughly documented. Waipi‘o Valley, Hawai‘i

Paka‘alana Heiau

Honua‘ula Heiau

Muliwai Fishpond

Mokapu Fishpond

Palaka Heiau Hokuwelowelo Heiau Moa‘ula Heiau Ka Haunokama‘ahala Lalakea Fishpond

Koele o ‘Umi Hokuwelowelo Heiau Palaka Heiau

Hi‘ilawe Falls

Neneuwe Falls

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H Waipi‘o Valley, Hawai‘i

Lo‘i – A single irrigated taro flat; wetland taro patch; or irrigated terrace for taro, but also for rice; i.e., paddy.

Lucas, Paul F. Nahoa. A Dictionary of Hawaiian Legal Land Terms. Honolulu: University of Hawaii Press, 1995. Waipi‘o Valley, Hawai‘i

Wauke – Paper Mulberry (Broussonetia papyrifera); a small tree or shrub the bark of which was used to make tapa.

Pukui, Mary Kawena and Samuel H. Elbert. New Pocket Hawaiian Dictionary. Honolulu: University of Hawaii Press, 1992. Waipi‘o Valley, Hawai‘i

Kula – Dry land or pasture; any open uncultivated [or fallow] land; a field [set aside] for cultivation.

Lucas, Paul F. Nahoa. A Dictionary of Hawaiian Legal Land Terms. Honolulu: University of Hawaii Press, 1995. Waipi‘o Valley, Hawai‘i

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Land Tenure in Hawai‘i (1780-2000) A.D. 400 - Polynesians settle in the Hawaiian Islands 1778 - Cpt. James Cook lands in the Hawaiian Islands 1779 - Cpt. James Cook dies on Hawai’i s ite I un lands meha iian Is wa meha a Ka H 1780 1790 1800

1790 - Kamehameha I unites Hawaiian Islands s e i ar

e on I i i I i n s a s ro w ha h Ha me n Mi a in ha mes t e sti me ssu a rriv K A Chri a 1800 1810 1820

1819 - Kamehameha II assumes throne; Abolition of Kapu System 1820 - Christian Missionaries arrive in Hawai‘i s e

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1819 - Kamehameha II assumes throne 1820 - Christian Missionaries arrive in Hawai‘I 1820-50 - Two thirds of Hawaiian population die from disease 1823 - Kamehameha III assumes throne 1825 - Right of Succession; Konihiki rights to retain land after death of monarch 1833 - Private land surveys initiated 1839 - Bill of Rights and right to own land adopted 1840 - Constitution adopted 1841 - Constitutional Amendment; 50-year leases to foreigners 1845-48 - Ka Mahele (land division); Board of Land Commission est (1845); titles classified (1848) 1850 - Kuleana Act; Māka’ainana right to claim lands; Royal Patents; Alien residents receive right to own and sell land 1850-60 - Auctioning off of gov. lands; 64% foreign, 36% Hawaiian s e s. anc s

on di V 1840 ey on e i I sued f III i n s w s Is a o

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f e h . 4 o c e i r 8 t A he o tents nd L 1 t o u ameh t f a a i h ham t e Ma e mes t of Ac s au of Conv l Pa an ear n L s d m e n e y e i v. Meek r ya n t. eat w o - t. a ssu r o a C Kam Ali Kul Land Comm K A On Bur es L Const. Am 50 La G Land Comm es R 1840 1850 1860 Fee Patents, Lahaina, Honolulu Land Commission Awards Bureau of Conveyances

Land Surveys (Hawaiian Government) (?) Royal Pat. Issued Buke Kakau Pa‘a Land Commission Award (LCA) (?) [1892] .

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Konihiki Awards Ext.

1870 - Adverse Possession Law 1871 - Statutory reclamation periods est. at 20 years 1876 - Reciprocity Treaty passed (sugar exports increased from 8000 pounds to 2,567,498 pounds) es la .

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Ha t. o f s ett C nic o s exat mestea n w p. ga r o o n e Liliuokalani assum throne D 1895 Lan H O T.H. e 1887 A 1884 Lan Liliuokal R 1880 1890 1900 Adverse Possession, Quieting Titles

1884 - Land Act 1887 - Bayonet Constitution 1891 - Queen Liliuokalani assumes throne 1892 - Homestead Act adopted 1893 - Queen Liliuokalani deposed; Republic of Hawaii established; Sanford B. Dole president 1898 - Annexation of Hawaii by USA & 1.8 mil. acres (“Ceded” or in trust) to USA; stat. reclamation period reduced to 10 years - Hawaiian Organic Act adopted 1900 - Territory of Hawaii established ) s” d ani Org. n a s) L . U.S.

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n Ce ii a w (“ endm w t rritory es a c i Te H Queen Liliuokal d Liluokal (Cro Am A 1900 1910 1920 Adverse Possession, Quieting Titles

1900 - Territory of Hawaii established 1910 - Liluokalani v. United States to reclaim Crown Lands; Amendment to Organic Act 1917 - Queen Liliuokalani dies

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e l a n Lan Hom sfer . w w o an r C Tr Ha Act 1920 1930 1940 Adverse Possession, Quieting Titles

Kuleana Parcel Exchanges

1921 - Hawaiian Homelands Commission Act (Pub. L. No. 67-34-42 Stat. 108) 200,000 ac. Class II + IV Ag. lands 1923 - Crown Lands became part of public domain (971,463 acres) 1920-30 - Kuleana parcel exchanges between plantations and Hawaiians 1959 - Admission Act (conferring statehood); Appropriation of “Ceded Lands” by State of Hawaii Act d Admission Statehoo 1940 1950 1960 Adverse Possession, Quieting Titles

1959 - Admission Act (conferring statehood); Appropriation of ceded lands riod e n t. s. a i s r i a ) e ation p _ y w HA am l O d to c e e of Ha s ( e r c ang Stat. r ch Offi Affai 1960 1970 1980 Adverse Possession, Quieting Titles

1970 - Kalama Valley evictions (Hawaiian Sovereignty Movement begins) 1978 - Office of Hawaiian Affairs (OHA) established 1980 - Sand Island evictions waii ghts e Ha i n 7 y R . r c oreli a e h m S o t II, S ss V ce Cus c . + A b.

1980 1990 ad 2000 Hawaii Co. Planning Com. u r . HRS Art. T P v Adverse Possession, Quieting Titles

1993 - Apology Bill 1995 - Hawaii Revised Statutes (HRS) Article VII, Section 7, “Traditional and Customary Rights” 1996 - Public Access Shoreline Hawaii v Hawaii County Planning Commission (PASH) Land Tenure Residual Land Issues 1885 the Hawaiian Lands” though they were never officially transferred from Lands (green). The latterare now referred toas “Ceded and their representatives wereknown asGovernment Crown Lands (gold)and landowned by thenobility and Lands that wereowned bytheMonarchy wereknown as

Maui, Kingdom of Hawaii, Surveyed in 1885 by W.D. Alexander & S.E. Bishop. Courtesy U.S. Library of Congress, Washington, D.C. g overnment to the U.S. Residual Land Issues development each year. and tiedto many acres of Maui lands that areproposed for The aboveresidual landissues remain as yetunresolved Summary Access andGathering rights Water rights “Ceded” Lands Crown Lands ParcelTitles(involvedinexchanges) Kuleana Title toLeaseholds Fee SimpleLandTitles