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Traditional Land Tenure Use [Intro – Julie]

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Traditional Land Tenure Use [Intro – Julie] [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 Ahupua’a Walls Source: Patrick, Katherine Lokelani. Kamehameha Lokelani. Katherine Patrick, Source: 2005 Campus, Maui Schools, Each Ahupua‘a was divided into sections or Ili. They were of variable acreage and their boundaries were also natural. They consisted of mountains or uplands, known as Uka, plains or fields, known as Kula, and coastal lands and the sea or Kai. 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 m a e tr S m a a o e il r St Wa e w a l i ‘ i 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 A.D. 400 17791778A.D. 400 - CookdiesonHawai’i James Cpt. -Land Tenure inHawai‘i (1780-2000) settl Polynesians - Cpt.JamesCooklands intheHawaiianIslands Polynesians settle in the Hawaiian Islands e in the Hawaiian Islands e intheHawaiian Islands Cpt. James Cook lands In the Hawaiian Islands Cpt. James Cook dies on Hawai’i 1780 1780 1790 1790 - K Kamehameha I unites amehameha Hawaiian Islands I unitesHawaiian Islands 1800 1800 1820 1819 1810 - - Aboliti K C amehameha hristian Missionar o n ofKapu II assumes throne; System ies arrive inHawai‘i Kamehameha II 1820 Assumes throne Christian Missionaries arrive in Hawaii s e s i p ey ar I e on Ma I i I ii Rights n s a n d Surv s o ro n ha h a ed L Haw me n Mi hip n 1825 a ki s f r ha i mes t e e o sti n v i me w r w a a 1833 Emers Unidentifi Bill of Rights; Land O L Konihi K assu Chri ar 1820 1830 1840 Land Surveys (Private) 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 Constitution of 1840 1840 Kamehameha III F ee Patents Const. Amendment 50-year for. leases Laws of 1842 , Lahaina, Hon Bu k e Ka o lu kau lu P a‘ a Land Act of 1846 Land C Great Mahele Land Commission o est. m m Alien Land Law 1850 i ss Land Co Kuleana Act io n Aw a r d mmi (L Oni v. Meek C A s ) s i on Royal Patents Issued Awa Land Su R r ds o ya l Pa r v t. e Issued ys ( Land Commission dis. H awa Karmehameha IV Assumes throne iian Go ve rn ment) Bureau of Conveyances est. B u re (?) a (?) u ofCo [1892] nv 1860 ey a n ce s Land Su 1860 Konihiki Awards ext. r v Awards K e o ys ni hiki ( H awa Ext. Bu iian Go reau o Kamehameha V ve Assumes throone f Con rn ment) v e y ances (?) 1876 1871 1870 Adverse Possession - - - 1870 Statute 2,567,498 pounds) (sugar exports increa Statutory recl Adverse Possession Law R eciprocity Treaty passed Ad Surveyor General ve Est. r s am e Possess Lunalilo assumes ation peri Throone Kalākaua assumes sed from 8000 poundsto ion, Throone Qu o ie ds est.at 20 years ting T i tles Reciprocity Treaty 1880 1891 1887 1884 1898 1893 1892 1900 1880 - - - - - - - - president of H stat. recl T Land Act Q Q B Annexation ofHawaiiby Homestead Actadopted H erritory of ayonet Constitution ueen Liliuokalan ueen Liliuokalan awaiian Organic Actadopted a waii establi am Hawaii established ati 1884 Land Act o n period s hed; Sanford B.Dole i deposed; Republic i assumesthrone reduced to10 years USA 1887 Constitution Ad & 1.8mil. acres(“C ve r s e Possess 1890 ion, Qu ie Liliuokalani assumes ting T throne eded” orin trust)toUSA; i tles Homestead Act Liliuokalani deposed Rep. of Hawaii est. Dowsett v. Maukeala 1895 Land Act Annexation 1900 Organic Act; T.H. est. Territory of 1900 Hawaii est. Ad ve r s e Possess 1917 1910 1900 Liluokalani v. U.S. 1910 (Crown Lands) ion, Qu Amendment to Org. - - - ie ting T T Amendment to OrganicAct Act (“Ceded Lands”) Liluokalani Q erritory of ueen Liliuokalani dies i tles Hawaii established v . United States to reclaim Crown Lands; Queen Liliuokalani dies 1920 . Com s nd s a l d 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.
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