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October 12, 2022 by Peter T Young Leave a Comment

Land Act of 1895

“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)

© 2022 Hoʻokuleana LLC

Map of Hawaiian Islands-Drpt Foreign Affairs-1896
Map of Hawaiian Islands-Drpt Foreign Affairs-1896

Filed Under: General Tagged With: Hawaii, Great Mahele, Provisional Government, Farming, Homesteading, Farm Land, Farm, Land Act of 1895

November 28, 2016 by Peter T Young Leave a Comment

Waiākea Experiment

Toward the end of WWI a unique opportunity presented itself for a major homesteading experiment in Hawai‘i. A number of the long-term, thirty-year leases written during the closing years of King Kalākaua’s reign (1874-1891) were due to expire.

In anticipation of the expiration of these leases, and in keeping with the public land policies of President Wilson’s administration, preparations were undertaken for a large-scale homesteading experiment.

On June 1, 1918, shortly after Governor McCarthy took office, a lease of public land held by the Waiākea Mill Company on 7,261 acres of sugar cane land expired.

The Waiākea plantation had been one of the most profitable sugar corporations in the Islands from its inception until 1918, and there was every promise that homesteading could be successfully undertaken on a portion of the plantation’s land.

In March, 1919, and subsequently in February, 1921, a total of 216 lots in the Waiākea homestead tract were carved out of the plantation’s acreage and were conveyed to individuals under the terms of special homestead agreements.

These lots incorporated an area of 7,261 acres, of which approximately 6,300 acres, or 88 per cent, consisted of cane land. The balance of the acreage was a mixture of various kinds of land, some of which was suitable for other agricultural pursuits. The total appraised value of the land was more than half a million dollars. (LRB)

Applications for homestead lots in the Waiākea tract numbered over 2,000, far more than the number of lots available. To meet this problem, it was determined the homesteads would be awarded by a lottery …”

However, “without reference to whether the prospective homesteaders had any experience in farming, or any of the other qualifications that might have contributed to successful homesteading.”

“Nor did the territorial government plan to assist the homesteaders by providing trained agricultural agents, such as the county extension agents found on the mainland United States; neither did it assist the homesteaders with adequate roads or marketing facilities.”

“In short, virtually nothing was done to create conditions that would contribute to the success of this unique experiment in homesteading.”

“The inevitable outcome, of course, was that the Waiākea homesteading project was an immediate and overwhelming failure.”

“The majority of the Waiākea homesteaders’, unlike its pioneer American prototype, had no intention of tilling the soil. The recollection still lingers in many minds of “Waiākea No.1.” His intentions have been of the best but his agricultural background and qualifications were woefully lacking.”

“Forty percent of these homesteaders forfeited their land through failure to make their payments when due or for other breach of covenant.”

“Sixty percent, either directly or through their successors in interest, were strong enough, many as a result of legislative relief measures, to hold their lots and secure patents.”

“But forfeited or not, we find today nearly ninety percent of the original cane land again in the hands of Waiākea Mill Co. (5537 acres) for the production of sugar, partly as a result of direct leases with the Territory of forfeited lots and partly by direct lease agreements with the owners of the patented lots or lots still held for patent.” (LRB)

“What is considered by the territorial government and the Waiākea Mill Co. to be the only logical solution, under existing conditions, of the acute Waiākea homestead problem, was reached at a conference with Governor Wallace R. Farrington …”

“The Waiākea Mill Co. has agreed to take over the cultivation of the entire area of the Second Series Homesteads of the Waiākea tract, and to cancel all existing contracts with those homesteaders who desire to enter into the new agreement as now proposed.”

“Taking over of the homestead lands by the mill company will relieve the homesteaders of all responsibility with regard to cultivation, fertilization, harvesting, hauling, milling and care of stools.” (Louisiana Planter, 1922)

“The short-term results of the Waiākea experiment, then, were the ruin of many homesteaders, temporary disruption of the efficient functioning of a great and prosperous plantation, which suffered continued, substantial, financial losses until it was able to recapture most of its lost land, and a permanent loss of tax revenue to the territorial government.”

“In an effort to persuade him to resign as governor before the end of his term, some business leaders offered McCarthy an attractive position as general manager of the Hawaiian Dredging Company, even as others fulminated against his policies. He accepted the position, and Wallace Rider Farrington, a Republican, was appointed to succeed him as governor in 1921.” (LRB)

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Waiakea Experiment
Waiakea Experiment

Filed Under: General, Place Names, Economy Tagged With: Hawaii, Hawaii Island, Waiakea, Waiakea Experiment, Homesteading

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