“Under the ancient feudal system the allodium of all lands belonged to the King, not however, as an individual, but ‘as the head of the nation, or in his corporate right,’ to quote the language of the land commission.”
“The constitution of 1840 declared that the land of the Kingdom was not the private property of Kamehameha I. ‘It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property.’” (Alexander)
“[I]n 1848 a committee was appointed to effect the division between the King as feudal suzerain and the chiefs, his feudatories, which completed its work in forty days. Partition deeds were signed and sealed by the King on one side and the several chiefs on the other side, who were then entitled to receive awards from the land commission for the lands thus partitioned off to them.”
“[T]he lands held by the King at the close of the Mahele were not regarded as his private property, strictly speaking. Even before his division with the landlords a second division between himself and the Government was clearly contemplated …”
“Accordingly, on the very day after the Mahele, or division with his chiefs, was closed, viz, the 8th day of March, 1848, he proceeded ‘to set apart for the use of the Government the larger part of his royal domain, reserving to himself what he deemed a reasonable amount of land as his own estate.’”
“This latter class of lands ‘he reserved for himself and his heirs forever’ as his own private estate, and they are now known as Crown Lands.”
“On the 7th day of the following June, 1848, the legislative council passed the ‘act relating to the lands of His Majesty the King and of the Government,’ which confirms and ratifies the division which had already been made by the King, thus making it an act of the nation through its representatives.”
“In this act the said lands are designated by name, and declared ‘to be the private lands of His Majesty Kamehameha III, to have and to hold to himself, his heirs, and successors forever; and said lands shall be regulated and disposed of according to his royal will and pleasure, subject only to the rights of tenants.’” (Alexander)
“Government lands were administered by the Minister of the Interior who was empowered by law to sell and lease. As the Land Commission could only consider claims to farms and building lots arising prior to December 10, 1845, many of the people were deprived of the opportunity to secure lands for themselves.”
“So to provide for this class the Minister of Interior was authorized in the early days of the new regime to sell building lots and tracts of land from a fraction of an acre to several hundred acres, at prices ranging from twenty-five cents to one dollar an acre.”
“The Minister of Interior was also authorized to dispose of government lands by sales for many other purposes.” (King) On July 11, 1851, an Act was passed confirming certain resolutions of the Privy Council of the previous year, which ordered …”
“‘.. that a certain portion of the Government lands on each island should be placed in the hands of special agents to be disposed of in lots of from one to fifty acres in fee simple, to residents only, at a minimum price of fifty cents per acre.’” (Interior Department, Surveyor’s Report, 1882)
Between the years 1850 and 1860, nearly all the desirable Government land was sold, generally to Hawaiians. The portions sold were surveyed at the expense of the purchaser. (Interior Department, Surveyor’s Report, 1882)
“Following the division of the lands into Crown, Government, and Konohiki Lands, from time to time portions of the Government Lands were sold as a means of obtaining revenue to meet the increasing costs of the Government.”
“Purchasers of these lands were issued documents called ‘Grants’ or ‘Royal Patent Grants.’ These differed from the Royal Patents issued upon Land Commission Awards.” (Chinen)
These Land Grants were given for lands that were purchased by individuals from the Hawaiian Kingdom when they were made available for purchase in mid-1800s. (UH Mānoa Library) The term used for these was Palapala Kila Nui (also Palapala Sila Nui, aka Government Grant; Royal Patent).
Royal Patent Grants (until 1893) and Land Patents conferred fee simple title to a Government land. This was an outright purchase of Government land, and not a commutation of the Government’s interest in land. The last Royal Patent was number 7992. (UH Manoa Library)
“This class of conveyance is designated a Royal Patent (Grant) and since the overthrow of the monarchy, as Land Patent (Grant). It is more commonly known as a Grant and so designated on most of the title maps.”
“These grants are recorded in a series of books now deposited in the office of the Commissioner of Public Lands. Many conveyances by the Minister of Interior were by the ordinary deed method which deeds were recorded by the grantees in the Bureau of Conveyances.” (King)
