Land Act of 1895

January 15, 2024 by Peter T Young Leave a Comment

Homesteads

“From ancient times, Kanaka Maoli culture supported a belief in the power of environmental gods. It was generally believed that all the resources on the land of these islands and in the sea around them were gifts to the Kānaka Maoli from their gods.”

“These gifts carried responsibilities; the people had to care for them. The gods would thus be satisfied that their resources were respected; otherwise, disaster would strike, droughts parch the land, and there would be nothing to eat.”

“These natural resources were gifts for all the people to use; they were not “owned” by individuals, not even ali‘i (chiefs).”

“The ali‘i nui (high chief), in a sense, held the lands in trust for the gods and had the responsibility to create conditions under which the maka‘āinana, who were the fishers, the cultivators, and the artisans, took proper care of the land and the sea, which provided food and other resources for everyone, generation after generation.“

“Private ownership of land by foreigners living in the Hawaiian Islands was legalized by a law passed in July 1850. However, the maka‘āinana, had to wait until the Kuleana Act of August 1850 before rules and procedures were established to allow the government to start dealing with their land claims under the Māhele.” (Hasager & Kelly)

“The Kuleana Act (kuleana has the double meaning of plot of land and responsibility) specified that the native ‘tenants’ had the rights to their ‘cultivated grounds, or kalo lands, [but only] what they really cultivated, and which lie in the form of cultivated lands’”. (Language from Sec 6 of Kuleana Act; Hasager & Kelly)

“The Kuleana Act has been called the first homestead effort of the Hawaiian government, equating homesteads with agricultural enterprises.”

“The homesteading feature of the act was section 4, which opened for sale of government lands to ‘natives’ ’in lots of from one to fifty acres, in fee-simple, to such natives as may not be otherwise furnished with sufficient land, at a minimum price of fifty cents per acre’”. (Language from Sec 4 of Kuleana Act; Hasager & Kelly)

A few years later, King Kalākaua signed what is referred to as the Homestead Act on August 29, 1884. That Act starts by saying, “There are many persons of small means in the Kingdom who are without permanent homes and are desirous of procuring homesteads.” (Homestead Act of 1885)

“Following the American homestead policy, the government of Hawai‘i made plans to offer ownership of land in relatively small parcels for merely occupying and farming it for a given number of years, starting in 1884. Most of these lands were in relatively small parcels with nearby flowing streams.” (Hasager & Kelly)

The Homestead Act noted a distinction between kula (‘dry’) and kalo (‘wet’) lands noting that “the Minister of the Interior is hereby authorized and instructed to cause portions of the public lands which are suitable for the purpose and not at the time held by any person under lease from the Government …”

“… to be surveyed and laid out in lots not over twenty and not less than two acres in extent in dry or kula land, and not over two acres in extent in wet or kalo. land, with convenient roads in connection therewith.” (Section 1 of Homestead Act of 1884)

“These lots are then to be appraised by three appraisers, one of whom shall be the surveyor who laid out the land, and the other two residents of the district, who shall make a written statement of their appraisement to the Minister of the Interior, signed by at least two of their number.”

“The Minister shall thereupon publish a notice, inviting applications for the said lots, which shall be filed with the date of their receipt.” (Alexander)

“Any person of full age who may desire to acquire any of the said lots shall apply in writing to the Minister of Interior, stating the number of the lot chosen, and shall thereupon attend at the office of the Minister of Interior, bringing a fee of ten dollars, which shall be paid to the Minister of the Interior if such application is accepted and the proper papers signed and delivered.”

“No one will be allowed to acquire more than one lot, provided, however, that persons will be allowed to acquire two lots where one of them is kula land only and one is wet or kalo land only.” (Notice from Minister of Interior, Homestead Act of 1884)

“By this agreement, the applicant is allowed to occupy the lot for five years free from taxes for the same, on condition that he build a dwelling house upon it within one year, and fence it within two years”. (Alexander)

“Furthermore, this agreement cannot be assigned to any third party. At the end of the said term of five years, on the fulfillment of the above agreement, the occupant of the lot shall receive a Royal Patent for the same.” (Alexander)

On September 6, 1888, the foregoing Act was so amended that in the rocky districts of Kahikinui and Kipa, Maui, and Kona and Puna, Hawai’i, the limit of the size of the Kula lots was raised to one hundred acres. (Alexander)

“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)

In the following Land Act of 1895, “The idea of the legislature in creating these leases was clearly to encourage settlement and residence upon 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 in number the thrifty citizens of the Territory.” (Lorrin Andrews, Attorney General, Hilo Tribune, Sep 27, 1904)

“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)

“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)

Then, a homestead resolution was drafted and debated in Congress; The US House of Representatives passed this measure on May 22, 1920. With disagreement in the Senate, Hawaiʻi’s delegate, Prince Kūhiō provided amendments and on July 9, 1921 SR 1881 passed both houses (and was signed into law). (McGregor)

“The Congress of the United States and the State of Hawaii declare that the policy of this Act is to enable native Hawaiians to return to their lands in order to fully support self-sufficiency for native Hawaiians and the self-determination of native Hawaiians in the administration of this Act, and the preservation of the values, traditions, and culture of native Hawaiians.” (Hawaiian Homes Commission Act, 1920)

“Native Hawaiian” means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.

The principal purposes are:

Establishing a permanent land base for the benefit and use of native Hawaiians (upon which they may live, farm, ranch, and commercial/industrial or other activities;
Placing native Hawaiians on the lands set aside in a prompt and efficient manner and assuring long-term tenancy to beneficiaries;
Preventing alienation of the fee title to the lands set aside so that these lands will always be held in trust for continued use by native Hawaiians in perpetuity;
Providing adequate amounts of water and supporting infrastructure, so that homestead lands will always be usable and accessible; and
Providing financial support and technical assistance to native Hawaiian beneficiaries to enhance economic self-sufficiency and promote community-based development, the traditions, culture and quality of life of native Hawaiians (Hawaiian Homes Act)

Approximately 200,000‐acres of land was set aside to the Hawaiian Homes Commission as a land trust for homesteading by native Hawaiians. The property and its program are administered by the Department of Hawaiian Home Lands.

October 12, 2022 by Peter T Young Leave a Comment

“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 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 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.”

“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.”

Map of Hawaiian Islands-Drpt Foreign Affairs-1896