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The Hawaiian Land Use Law
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Book Synopsis Regulating Paradise by : David L. Callies
Download or read book Regulating Paradise written by David L. Callies and published by University of Hawaii Press. This book was released on 2010-07-06 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land use in Hawai‘i remains the most regulated of all the fifty states. According to many sources, the process of going from raw land to the completion of a project may well average ten years given that ninety-five percent of raw land is initially classified by the State Land Use Commission as either conservation or agriculture. How did this happen and to what end? Will it continue? What laws and regulations control the use of land? Is the use of land in Hawai‘i a right or a privilege? These questions and others are addressed in this long-overdue second edition of Regulating Paradise, a comprehensive and accessible text that will guide readers through the many layers of laws, plans, and regulations that often determine how land is used in Hawai‘i. It provides the tools to analyze an enormously complex process, one that frustrates public and private sectors alike, and will serve as an essential reference for students, planners, regulators, lawyers, land use professionals, environmental and cultural organizations, and others involved with land use and planning.
Author :Native Hawaiian Legal Corporation Publisher :University of Hawaii Press ISBN 13 :9780824816360 Total Pages :204 pages Book Rating :4.8/5 (163 download)
Book Synopsis A Dictionary of Hawaiian Legal Land-Terms by : Native Hawaiian Legal Corporation
Download or read book A Dictionary of Hawaiian Legal Land-Terms written by Native Hawaiian Legal Corporation and published by University of Hawaii Press. This book was released on 1995-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Dictionary of Hawaiian Legal Land-Terms is the first reference book of its kind to compile, organize, and explain critical information needed for the accurate translation and interpretation of nineteenth-century Hawaiian land-conveyance documents. Neither life-long residents nor recent newcomers should minimize the influence of Hawaii's unique history on the developments taking place in the state today. Yet for decades the study and translation of century-old documents - Royal Patents, Land Commission Awards, and deeds, to name a few - have been hampered by the lack of a comprehensive research tool. Now, in a single volume, readers have an overview of commonly used words and phrases, survey practices, and documents that were recorded in Hawaiian before the turn of the century. The book also includes Hawaii's appellate cases that have defined such terms. With the publication of A Dictionary of Hawaiian Legal Land-Terms, both professionals and non-professionals, Hawaiians and non-Hawaiians, have gained a valuable key to unlocking and understanding the past.
Book Synopsis Water and the Law in Hawaii by : Lawrence H. Miike
Download or read book Water and the Law in Hawaii written by Lawrence H. Miike and published by University of Hawaii Press. This book was released on 2004-03-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water and the Law in Hawaii provides an intellectual and legal framework for understanding both the past and future of Hawai‘i’s freshwater resources. It covers not only the känäwai (laws) governing the balancing act between preservation and use, but also the science of aquifers and streams and the customs and traditions practiced by ancient and present-day Hawaiians on the äina (land) and in the wai (water). In placing Hawaii water law in the context of its historical development, the author condenses an enormous amount of information on traditional Hawaiian social structure and mythology. His analysis and explanation of the Hawaii Supreme Court decisions on water rights pose difficult questions and reveal the Court's at times defective reasoning by referring readers to original source material. He is the first author to explain fully how water use permits will play out in a variety of circumstances that may arise in the future, and he discusses the interrelationship between the State Water Code and the common law on water rights, which few people understand or are aware of. Water and the Law in Hawaii is a vital contribution to understanding water law in Hawaii. It will prove invaluable to students of the subject and will appeal to those with an interest in cultural anthropology, planning, Hawaiian history, and political science.
Book Synopsis Who Owns the Crown Lands of Hawai‘i? by : Jon M. Van Dyke
Download or read book Who Owns the Crown Lands of Hawai‘i? written by Jon M. Van Dyke and published by University of Hawaii Press. This book was released on 2007-12-31 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1846-1848 Mahele (division) transformed the lands of Hawai‘i from a shared value into private property, but left many issues unresolved. Kauikeaouli (Kamehameha III) agreed to the Mahele, which divided all land among the mō‘ī (king), the ali‘i (chiefs), and the maka‘āinana (commoners), in the hopes of keeping the lands in Hawaiian hands even if a foreign power claimed sovereignty over the Islands. The king’s share was further divided into Government and Crown Lands, the latter managed personally by the ruler until a court decision in 1864 and a statute passed in 1865 declared that they could no longer be bought or sold by the mō‘ī and should be maintained intact for future monarchs. After the illegal overthrow of the monarchy in 1893, Government and Crown Lands were joined together, and after annexation in 1898 they were managed as a public trust by the United States. At statehood in 1959, all but 373,720 acres of Government and Crown Lands were transferred to the State of Hawai‘i. The legal status of Crown Lands remains controversial and misunderstood to this day. In this engrossing work, Jon Van Dyke describes and analyzes in detail the complex cultural and legal history of Hawai‘i’s Crown Lands. He argues that these lands must be examined as a separate entity and their unique status recognized. Government Lands were created to provide for the needs of the general population; Crown Lands were part of the personal domain of Kamehameha III and evolved into a resource designed to support the mō‘ī, who in turn supported the Native Hawaiian people. The question of who owns Hawai‘i’s Crown Lands today is of singular importance for Native Hawaiians in their quest for recognition and sovereignty, and this volume will become a primary resource on a fundamental issue underlying Native Hawaiian birthrights. 64 illus., 6 maps
Book Synopsis Land Use Planning and Development Regulation Law by : Julian Conrad Juergensmeyer
Download or read book Land Use Planning and Development Regulation Law written by Julian Conrad Juergensmeyer and published by West Academic Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Hornbook introduces the fundamentals of land use planning and control law. Subjects covered include the planning process, zoning, development permission, subdivision control law, and building and housing codes. Discusses constitutional limitations and the environmental aspects of land use controls. Explores aesthetic regulation, historic preservation, and agricultural land protection.
Book Synopsis The Quiet Revolution in Land Use Control by : Fred P. Bosselman
Download or read book The Quiet Revolution in Land Use Control written by Fred P. Bosselman and published by . This book was released on 1972 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Hawaiian Blood by : J. Kehaulani Kauanui
Download or read book Hawaiian Blood written by J. Kehaulani Kauanui and published by Duke University Press. This book was released on 2008-11-07 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership. Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.
Book Synopsis Appendix 1, to ... Report by : Hawaii. Surveyor general
Download or read book Appendix 1, to ... Report written by Hawaii. Surveyor general and published by . This book was released on 1882 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis At the Cutting Edge 2009 by : David L. Callies
Download or read book At the Cutting Edge 2009 written by David L. Callies and published by American Bar Association. This book was released on 2010 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kahana written by Robert H. Stauffer and published by University of Hawaii Press. This book was released on 2003-09-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the most detailed case study of land tenure in Hawai‘i. Focusing on kuleana (homestead land) in Kahana, O‘ahu, from 1846 to 1920, the author challenges commonly held views concerning the Great Māhele (Division) of 1846–1855 and its aftermath. There can be no argument that in the fifty years prior to the 1893 overthrow of the Hawaiian monarchy, ninety percent of all land in the Islands passed into the control or ownership of non-Hawaiians. This land grab is often thought to have begun with the Great Māhele and to have been quickly accomplished because of Hawaiians’ ignorance of Western law and the sharp practices of Haole (white) capitalists. What the Great Māhele did create were separate land titles for two types of land (kuleana and ahupua‘a) that were traditionally thought of as indivisible and interconnected, thus undermining an entire social system. With the introduction of land titles and ownership, Hawaiian land could now be bought, sold, mortgaged, and foreclosed. Using land-tenure documents recently made available in the Hawai‘i State Archives’ Foster Collection, the author presents the most complete picture of land transfer to date. The Kahana database reveals that after the 1846 division, large-scale losses did not occur until a hitherto forgotten mortgage and foreclosure law was passed in 1874. Hawaiians fought to keep their land and livelihoods, using legal and other, more innovative, means, including the creation of hui shares. Contrary to popular belief, many of the investors and speculators who benefited from the sale of absentee-owned lands awarded to ali‘i (rulers) were not Haole but Pākē (Chinese). Kahana: How the Land Was Lost explains how Hawaiians of a century ago were divested of their land—and how the past continues to shape the Island’s present as Hawaiians today debate the structure of land-claim settlements.
Book Synopsis Land and Power in Hawaii by : George Cooper
Download or read book Land and Power in Hawaii written by George Cooper and published by . This book was released on 1990 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describe a pervasive way of conducting private and public affairs in which state and local office holders throughout Hawaii took their personal financial interests into account in their actions as public.
Download or read book The Law of the Land written by John Opie and published by U of Nebraska Press. This book was released on 1994-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides fascinating insights into how present-day American land legislation has evolved. In doing so the author identifies the many problems that the family farmer has had to face over the past two centuries at the hands of the weather, unstable product prices, and corrupt and venal politicians."--Journal of Agricultural Economics. "A provocative, learned, polemical contribution to the debate on the nature of the farm problem and the means to solve it. Throughout our history, Opie, a historian, convincingly argues, contradictory goals have produced contradictory policies that are the sources of our current problems."--Science. "This important volume offers a reinterpretation of public lands history as it relates to contemporary farm policy. . . . [Opie's] signal contribution is to examine and evaluate the many policy strands of a twentieth-century safety net designed by Congress to sustain the family farm."--Journal of American History "Bright, passionate, and entirely convincing."--Journal of Rural Studies "The Law of the Land has made a significant contribution to agricultural and public policy history by pointing out that American ideals have shaped policies and assigned roles that have often left farmers and farmland vulnerable."--Public Historian "The five years that have passed since this book was first published have been enough to conclude that John Opie can reconstruct the past and predict the future. . . . Many of the problems he foresaw have come to pass and some of the solutions he discussed have been adopted. . . . Anyone interested in the basic environment will find that this volume gives a clear picture of how we got to where we are today in the use and misuse of natural resources. . ."--Environmental History Review. A professor of history at the New Jersey Institute of Technology, John Opie is also director of the Center for Technology Studies and founding editor of Environmental History Review. His other publications include Ogallala: Water for a Dry Land (Nebraska 1993).
Book Synopsis The Lands of Hawaii by : Thomas Hawk Creighton
Download or read book The Lands of Hawaii written by Thomas Hawk Creighton and published by . This book was released on 1978 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of Hawaii's lands is history and ecology and also politics. In his exploration of the world of planning commissions and ambitious developers, the author details the struggle over land and its uses: the dubious deals, the relentless eating away of open space, the hollow plans and wasted studies. From colonial cabal to the megatrusts of the 1970s, he explains how The Speculating Game has meant huge profits for the few and a vanishing resource for the many. In this book, the author makes recommendations for long-range actions which he knows will be controversial but which he believes to be essential if Hawaii's lands are to maintain any of their natural qualities.
Book Synopsis Zoning Rules! by : William A. Fischel
Download or read book Zoning Rules! written by William A. Fischel and published by . This book was released on 2015 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
Book Synopsis Land Use Regulation by : Daniel P. Selmi
Download or read book Land Use Regulation written by Daniel P. Selmi and published by Aspen Publishing. This book was released on 2017-03-01 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
Book Synopsis Nā Kua‘āina by : Davianna Pōmaika‘i McGregor
Download or read book Nā Kua‘āina written by Davianna Pōmaika‘i McGregor and published by University of Hawaii Press. This book was released on 2007-04-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The word kua‘âina translates literally as "back land" or "back country." Davianna Pômaika‘i McGregor grew up hearing it as a reference to an awkward or unsophisticated person from the country. However, in the context of the Native Hawaiian cultural renaissance of the late twentieth century, kua‘âina came to refer to those who actively lived Hawaiian culture and kept the spirit of the land alive. The mo‘olelo (oral traditions) recounted in this book reveal how kua‘âina have enabled Native Hawaiians to endure as a unique and dignified people after more than a century of American subjugation and control. The stories are set in rural communities or cultural kîpuka—oases from which traditional Native Hawaiian culture can be regenerated and revitalized. By focusing in turn on an island (Moloka‘i), moku (the districts of Hana, Maui, and Puna, Hawai‘i), and an ahupua‘a (Waipi‘io, Hawai‘i), McGregor examines kua‘âina life ways within distinct traditional land use regimes. The ‘òlelo no‘eau (descriptive proverbs and poetical sayings) for which each area is famous are interpreted, offering valuable insights into the place and its overall role in the cultural practices of Native Hawaiians. Discussion of the landscape and its settlement, the deities who dwelt there, and its rulers is followed by a review of the effects of westernization on kua‘âina in the nineteenth century. McGregor then provides an overview of social and economic changes through the end of the twentieth century and of the elements of continuity still evident in the lives of kua‘âina. The final chapter on Kaho‘olawe demonstrates how kua‘âina from the cultural kîpuka under study have been instrumental in restoring the natural and cultural resources of the island.
Book Synopsis American Law of Zoning by : Robert Milford Anderson
Download or read book American Law of Zoning written by Robert Milford Anderson and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
