The Legitimate Government in Hawaii Series: Hawaiian Kingdom/Kingdom of Hawaii Land Laws

Land Laws

 

 

Project: Land/Aina Claims – Allodial /Alodio/ "Forever" Lands

 

Researched by Amelia Gora (2018)

 

I. Obtain Grant, Royal Patent, Land Commission Award, and Survey Notes.

A. Royal Patent – Need your Royal Patent, Land Commission Award, and Survey Notes. (3 items)

B. Grant – need Grant and Survey Notes only. (2 items)

The Royal Patent, LCA, and SN; The Grant with Survey

Notes are prima facie evidence of ownership.

Reference: HAWAIIAN REPORTS, Vol. 2, 1859, Kalama vs. Kekuanaoa and John Ii, Guardians of V. Kamamalu, Supreme Court Law Library/Archives/ Main Library, Honolulu, Oahu, Hawaii.

II. Send a bill for rents, doing this creates a landlord lien.

“A landlord’s claim for rent is a lien….”

Reference: HAWAIIAN REPORTS, Vol. 6, 1881, Bankruptcy of Ching On and Co, Supreme Court Law Library/Archives/ Main Library, Honolulu, Oahu, Hawaii.

III. Survey the property, enter the land(s) in question.

Purchaser of the government lands from the Mahele period returned to the land(s) and the Quiet Title case was closed. (note: Keep your RP, LCA, SN, and genealogies with you; Keep your Grant, SN, and genealogies with you).

Reference: HAWAIIAN REPORTS, Vol. 2, 1857, Jona Piikoi et. Als. Vs. Jona Kapena, Supreme Court Law Library/Archives/ Main Library, Honolulu, Oahu, Hawaii.

IV. The People’s “lands were secured to them by the Constitution and laws of the Kingdom, and no power can convey them away, not even that of Royalty itself.” “Plaintiff (Kekiekie) title was good against all the world.”

Also, the alodio owner could collect back rents.

Reference: HAWAIIAN REPORTS, Volume 1, 1851, Kekiekie vs. Dennis case, Supreme Court Law Library/Archives/ Main Library, Honolulu, Oahu, Hawaii;

The full case at the Archives, Archives, Honolulu, Oahu, Hawaii.

V. Conspiracy applied to all land cases. Any concerted effort by two or more to do wrong is considered a conspiracy and guilty. Case precedence.

Reference: HAWAIIAN REPORTS, Vol. 1, 1851, The King vs. William Anderson and John Russell, Supreme Court Law Library/Archives/ Main Library, Honolulu, Oahu, Hawaii.

VI. Send a rent notice stating that those on your land have seven (7) days to pay rent. You create a landlord lien.

Upon having no response, document with the Police department as the people are now trespassers, and squatters, for failing to pay rent and back rent.

Reference: HAWAIIAN REPORTS, Vol. 6, 1881, Bankruptcy of Ching On & Co., Supreme Court Law Library/Archives/ Main Library, Honolulu, Oahu, Hawaii.

VII. Additional Charges: If properties were used to gain income, find out how much and counter costs if they try to obtain monies from you. Example, revenues posted as public information, etc., Taxes paid, etc.

VIII. Move onto property, occupy, farm, engage in business, build, etc.

See:

IV. HAWAIIAN REPORTS, 1851, Vol. 1, Kekiekie vs. Dennis case, and

III. HAWAIIAN REPORTS, 1857, Vol. 2, Jona Piikoi et. Als. Vs. Jona Kapena cases,

Supreme Court Law Library/Archives/ Main Library, Honolulu, Oahu, Hawaii.

IX. Form a Family Land Trust and all who are part needs to have their genealogies ready to be recorded, kept for their Family Trust.

X. Be prepared to show your ownership documents to Police, etc.

The ownership documents are your prima facie evidence/ certified documents of your Royal Patent, Land Comission Award, and Survey/Survey Notes with your genealogies, or your Grant and Survey/Survey Notes and your genealogies.

Reference: HAWAIIAN REPORTS, 1851, Volume 1, Kekiekie vs. Dennis (no one can take your land from you – not even the Royal Families ---lands are “forever” if document shows “alodio/alodial”), Supreme Court Law Library/Archives/ Main Library, Honolulu, Oahu, Hawaii.

XI. Keep in contact with other Alodio/Alodial kanaka maoli land owners.