Farm Land | Images of Old Hawaiʻi

“From the time of the great division of 1848 to the present time the policy of the leasing lands for a term of years has been pursued, both in the case of the Government lands and of the Crown lands controlled by the commissioners for the same.”

“In 1876 the first law requiring sale of Government leases to be made at auction was enacted, but such law did not apply to the Crown lands, which were not put under this regulation until the passage of the land act of 1895.”

“Under the lease policy lands were freely leased both by the Government and by the Crown commissioners in large areas and for long terms…”

“… but in 1891 the Government, while continuing the policy of leasing land, improved upon former methods by reserving to itself the right to take up any portion of the leased land suitable for settlement, which reservation proved later of much value.”

“This policy was continued after the passage of the land act of 1895, but with stricter regard to amounts leased, terms of lease, and reservations necessary for public interest.” (USDA, Stubbs, 1901)

“The first homestead act to acquire small holdings was passed in 1884. It was amended several times, but remained in force until the passage of the land act of 1895.”

“It gave the privilege of acquiring lots not over 20 acres in extent, payable in ten years, and requiring the erection of a dwelling and a residence of three years on the land.”

“A substitute might reside on land with the consent of the minister of the interior, as amended in 1892. Under these homestead laws 527 persons took up 8,490.81 acres … of which patents have been granted to 377 persons for 5,820.76 acres … leaving the remainder yet to be patented.”

“Under the amendment ‘without residence’ there have been taken up 3,552.84 acres … of which 2,942.44 acres …have been patented.”

“The results of these homestead laws were beneficial in placing homes, which have been greatly improved, into the possession of numerous families of moderate means. They did not, however, meet all of the requirements, hence these laws were supplanted by the land act of 1895.” (USDA, Stubbs, 1901)

“The idea of the legislature in creating these leases was clearly to encourage settlement and residence upon the lands of the government. It was not for the purpose of allowing persons to obtain farming lands at easy rates, but for the purpose of creating small farm homesteads where the parties would engage in farming and agricultural pursuits and increase the number of thrifty citizens in the Territory.”

“If a settler prefers to take one of these leases, he must expect to live up to the terms of same as laid down in his lease, and any man who can read and write, can understand the conditions therein set forth.” (Hilo Tribune, September 27, 1904)

“In 1895, the Provisional Government of the Republic of Hawaii, passed the Land Act (Act of August 14, 1895, Act 26, [1895] Hawaii Laws Spec. Sess. 49-83). In this act, three types of homestead agreements were defined: (1) the Homestead lease; (2) the Right of Purchase Lease; and (3) the Cash Freehold Agreement.”

“The Homestead Lease was for a term of 999 years, and was issued after the applicants complied with terms and conditions of a Certificate of Occupation. “

“The Right of Purchase Lease was a lease for 21 years with the right of purchase at anytime after the end of the third year of full compliance with the stipulated conditions of residence, cultivation, fencing, payment of taxes, and payment of the purchase price.”

“The Cash Freehold Agreement was an agreement of sale in which the purchaser paid 25% of the purchase price in down payments, and 25% on the remainder for the next three years.”

“The Land Act of 1895 specifically noted that ‘The lessee shall from the end of the first year of said term to the end of the fifth year thereof continuously maintain his home on such premises.’” (Kumu Pono)

“To promote the settlement and improvement of the remaining Government land, under conditions favorable to the settler, but not to simulators, and to meet the needs of different classes desiring lands, the land act of 1895 was enacted as being specially adapted to the requirements of the case.”

“An important feature of this fact was the general requirement of cultivation and improvement of lands taken up, as well as residence thereon for a term of years.”

“There was authority, however, under the act for the sale of lands at auction under special conditions, as to payments for same and cultivation without residence, to meet the cases of persons who desired to improve and cultivate land, but having occupations elsewhere were unable to live on the same.”

Methods of acquiring land included: “General qualifications required of applicants.—Must be over 18 years of age, be a citizen by birth or naturalization, or have letters of denization, be under no civil disability nor delinquent in payment of taxes.”

“Homestead lease. Nine hundred and ninety-nine year lease, conditions upon maintaining a home upon the premises, paying taxes, and cultivating small percentage areas that might be required, 8 to 45 acres, dependent upon quality; no payments other than small application fees …”

“…husband and wife might not both be applicants; applicant must not be owner of other land (except taro or wet land); lease inalienable; not subject to attachment, levy or sale, or to any process of the courts, might not be mortgaged, assigned, or sublet.”

“Right of purchase lease. Lease for twenty-one years with right to purchase at original appraised value any time after two years’ residence and cultivation of 25 per cent; area that might be acquired, 100 to 1,200 acres, dependent on quality …”

“… husband and wife might not both the applicants; applicants could apply for only such amount as taken with any lands owned by them would come to the limits name; rental at 8 per cent on appraised value to be paid until purchase was made.”

“Cash freeholds. Lands sold at auction at an appraised value as upset price; purchase price due in four installments during three years; two years’ residence and 25 per cent of cultivation further required to perfect title; qualifications and areas that might be acquired same as under right of purchase lease.”

“Special agreement. Sale at auction under special conditions as to payment by installments, with requirements of cultivation, with or without residence limit of area that might be sold under special agreement, 600 acres. (Practically the area has been limited to 100 acres of first-class land, as under the other systems.)”

“Cash sales. Sales made unconditionally for cash at public auction. These sales usually made to meet cases where exceptionally costly improvements were contemplated, as buildings, reservoirs, pumping machinery, etc.”

“Ola‘a district sides. Special sales, at a value appraised in the act of 1895, of lands held under Crown leases in the district of Olaa, Hawaii.”

“Lessee could purchase his leasehold up to 200 acres when 15 per cent of same had been put under cultivation and further improvements to the value of $200 made; distinct from the general systems of the land act and applying only to the Olaa district.” (JF Brown, Commissioner of Public Lands)

“The land act of 1895 has proved well suited to the condition in the Hawaiian Islands. Under it the demand for public land has been active, and fair prices have been realized for the benefit of the public treasury.”

“Speculation and land grabbing has been minimized and a marked improvement and development of lands taken is evident. The success of the act would not be questioned by any impartial observer familiar with the facts.”

“The extremely varied quality of the lands, the intermingling of public and private lands, and the special needs of the people, together with the duty of best utilizing the limited public domain required land laws drawn to meet such special conditions, and these, in all essential points, have been met by the land act of 1895. USDA, Stubbs ,1901)

Map of Hawaiian Islands-Drpt Foreign Affairs-1896

For Hawaiians involved with agriculture, there were three types of land available for growing crops. Ko Kaha Kai was land along the shoreline. Kula lands were on the lands above the shoreline. Kahawai lands were in the valleys, where fresh water could also be obtained.

The land area with which the Polynesian migrant first became familiar was of necessity that along shore, wherever his voyaging canoe made its landfall.

This area he termed Ko Kaha Kai (place [land] by the sea). This might comprise a broad sandy beach and the flats above it, or the more rugged shore of cove or harbor with its rocky terrain-in fact many and varied descriptions might fit, according to locale.

Kaha was a special term applied to areas facing the shore but not favorable for planting. Kekaha in Kona, Hawaii, was one so named, and Kekaha on Kauai another. The ko kaha kai was not without its own verdure of a sort, however.

In fact the terrain just above the sandy stretches (pu‘eone) was often called ‘ilima, because of the low-growing, gray-foliaged, golden-flowering ‘ilima bushes found in abundance there.

Pohuehue, the beach morningglory, also had its natural habitation there, along with ‘auhuhu, whose leaves yielded a juice used to stupefy fish for ready catching in the inlets and sea pools.

In fact most of the varied low growth of the ko kaha kai found use in the planter’s or fisher’s economy. (Hand, Handy & Pukui)

Next above were the plains or sloping lands (kula), those to seaward being termed ko kula kai and those toward the mountains ko kula uka (uka, inland or upland).

Here were the great stretches of waving pili grass, which was used to make the thick rain-repellent thatch for dwellings (hale). Before cultivation took over the area, the carpeting grass was interspersed with vines (such as the koali, morning-glory) and many shrubs, all of which found practical uses by the immigrant folk. There were also a few stunted trees.

On the ko kula uka, the upland slopes, were found the native ginger and other flowering plants, medicinal herbs, and thick-growing clumps of shrubs. Here too the great variety of trees attained to greater height, and their wood became the source of valuable materials for many necessities of life.

This word kula, used by Hawaiians for sloping land between mountain and sea, really meant plain or sloping land without trees. There is a large land area in the southerly kula slopes of East Maui that is named Honua-‘ula (Red-earth).

Typically, on all the islands the kula lands are covered with red soil, both on leeward and windward coasts. This is the soil in which sugar cane and pineapples flourish today. It is soil in which sweet potatoes grow well. (In contrast, dark soil, rich in humus washed down from the forests, is what wet taro requires.)

Some kula lands, such as those of southern and eastern Hawaii and the southern slopes of Haleakala on Maui, were covered with lava or soil evolved from the dust of recent volcanic eruptions.

The red soil is oldest geologically, having evolved from decomposed basalt oxidized by sun, rain, and air. Next in age is the humus of valley bottoms.

Most recent is decomposed lava, such as is typical of Kona, Kā‘u, Hilo, and Puna on Hawaii, and of some areas on the southern slope of Haleakala on East Maui.

In terms of use, from the Hawaiian planter’s point of view it was the area beyond or intersecting the kula lands that was of prime importance in dictating his habitation and his favored type of subsistence.

This was the kahawai, ‘the place [having] fresh water’ – in other words, the valley stretching down from the forested uplands, carved out and made rich in humus by its flowing stream.

Here he could find (or make) level plots for taro terraces, diverting stream water by means of ‘auwai (ditches) into the lo‘i, or descending series of lo‘i until from below the whole of the visible valley afforded a scene of lush green cultivation amidst fresh water glinting in the sun.

The planter might have his main dwelling here, or he might dwell below and maintain here only a shelter to use during periods of intensive cultivation in the kahawai.

Here also was a source of many of his living needs and luxuries, from medicinal herbs to flowers for decorative garlands, and with a wide range in between.

Two other descriptive terms applied to land areas, one belonging to the kahawai and one not. The first was pahe‘e, meaning a wet, soft, or slippery area; and the other was apa‘a, meaning arid or dry. From its derivative (pa‘a) meaning firmly bound, the latter became a term of affection for land long lived upon. (All here is from Handy, Handy & Pukui)

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Planter-Herb Kane