Ceded lands (Hawaii)

For ceded lands elsewhere, see Cession.

In 1898, the United States Congress annexed Hawaiʻi based on a Joint Resolution of Annexation (Joint Resolution).[1] Questions about the legitimacy of the U.S. acquiring Hawaii through a joint resolution, rather than a treaty, were actively debated in Congress in 1898, and is the subject of ongoing debate.[2] Upon annexation, the Republic of Hawai‘i transferred approximately 1.8 million acres of Hawaiian Government and Crown Lands to the United States (U.S.), which are today held by the State of Hawaiʻi.[3] In the 1993 Apology Resolution, the U.S. government officially apologized to the Native Hawaiian people, acknowledging that the Republic of Hawaiʻi transferred these lands "without the consent of or any compensation to the Native Hawaiian people of Hawaiʻi or their sovereign government" and that "the indigenous Hawaiian people never directly relinquished their claims . . . over their national lands to the United States."[4] Although the lands are commonly referred to as "ceded lands" or "public lands," some refer to them as "seized lands" or "Hawaiian national lands" or "crown lands" to highlight the illegal nature of the land transfer, acknowledge different interpretations of the legal effect of the Joint Resolution,[3] and to recognize that Native Hawaiians maintain claims to these lands.[5][6][7] Many Native Hawaiian individuals and organizations insist on the return of title, which would be consistent with international law and recognition of the rights of Indigenous peoples, whereas others seek back rent for the use of the land.[8]

At present, control of these lands is divided mostly between the U.S. government and the State of Hawaiʻi. There have been several efforts over the years to create an accurate inventory of ceded lands.[9] In 2018, the Department of Land and Natural Resources launched the Public Land Trust Information System, a web-based inventory of state and county-managed lands.[10] A number of facilities, including airports and military bases, are located on former Kingdom Government and Crown lands, which contributes to controversy surrounding the issue.

  1. ^ Cite error: The named reference :2 was invoked but never defined (see the help page).
  2. ^ Cite error: The named reference Chang2015 was invoked but never defined (see the help page).
  3. ^ a b Cite error: The named reference :4 was invoked but never defined (see the help page).
  4. ^ Pub. L. 103-150, 107 Stat. 1510 (1993) (Apology Resolution passed by U.S. Congress), https://www.govinfo.gov/content/pkg/STATUTE-107/pdf/STATUTE-107-Pg1510.pdf
  5. ^ "Senate Joint Resolution 19 to Acknowledge the Overthrow of the Kingdom of Hawai'i", Asian American Society: An Encyclopedia, SAGE Publications, Inc., 2014, doi:10.4135/9781452281889.n465, ISBN 9781452281902
  6. ^ Coffman, Tom (2016-07-15). Nation Within. Duke University Press. doi:10.1215/9780822373988. ISBN 9780822373988.
  7. ^ Sai, David Keanu. The American occupation of the Hawaiian kingdom : beginning the transition from occupied to restored state. OCLC 663428206.
  8. ^ Cite error: The named reference Lindsey2009 was invoked but never defined (see the help page).
  9. ^ Legislative Auditor, Final Report on the Public Land Trust 29 (Audit Report No. 86-17, 1986); Department of Land & Natural Resources, Report to the Twenty-First Legislature, Regular Session of 2001, on the Progress Towards the Completion of the State Land Information Management System (Nov. 2000).  
  10. ^ "Public Land Trust Information System". Retrieved November 11, 2019.