Identity area
Type of entity
Corporate body
Authorized form of name
Crown Lands Commission
Parallel form(s) of name
- Komisina Aina Moi
Standardized form(s) of name according to other rules
Other form(s) of name
- Board of Commissioners of Crown Lands
- Keena Oihana Komisina o Na Aina Lei Alii
Identifiers for corporate bodies
Description area
Dates of existence
1865-1895
History
The practice of leasing lands by His Majesty Kamehameha III predates the establishment of the Board of Commissioners of Crown Lands. The Crown Lands of the Hawaiian Kingdom were formally established after the mahele, or division of lands between Kamehameha III, the chiefs, and the konohiki. The mahele is a single land transaction that commenced on January 28, 1848 and ended on March 7, 1848. On March 8, 1848, Kamehameha III signed and sealed two instruments. One instrument surrendered a portion of Kamehameha III' s lands to the chiefs and people and served as his payment of commutation to the government. The lands conveyed by Kamehameha III to the government became known as Government Lands. The second instrument conveyed perfect title to the remaining lands for the personal use of Kamehameha III. These lands became known as Crown Lands and were the private lands of Kamehameha III, his heirs, and successors. "An Act relating to the lands of His Majesty the King, and of the Government" passed on June 7, 1848 codified the mahele and the creation of Government Lands and Crown Lands. Prior to 1865, the Crown Lands were alienable, the private domain of the King, leased and sold at his will, subject only to the rights of tenants.
"An act to relieve the royal domain from encumbrances, and to render the same inalienable," approved by Kamehameha V on January 3, 1865, made the Crown Lands inalienable and placed them under the administration of the Board of Commissioners of Crown Lands. The act mandated that Crown Lands descend to the heirs and successors of the Hawaiian Crown. The act limited Crown Land lease terms to a maximum of 30 years.
The act formally established the Board of Commissioners of Crown Lands.
Article 95 of the Constitution of the Republic of Hawaii merged Crown Lands and Government Lands to create what is known as Public Lands. The Crown Lands Commission dissolved by the passage of the Land Act of 1895. The function of managing Crown Lands which later became Public Lands passed on to the following Hawaiian government agencies: Board of Commissioners of Public Lands, Commissioner of Public Lands, and the Land Management Division upon approval by the Board of Land and Natural Resources.
Places
Legal status
Functions, occupations and activities
The Commissioners of the Crown Lands were mandated with power and authority to make good and valid leases of the Crown Lands not to exceed 30 years. The Commissioners held meetings as needed to discuss lease applications, agreements, cancellations, conditions, extensions, renewals, rents, sublets, transfers; unassigned lands; use of water for cultivation; construction of roads; and improvements made by lessees.
Mandates/sources of authority
The Crown Lands of the Hawaiian Kingdom were formally established after the mahele, or division of lands between Kamehameha III, the chiefs, and the konohiki. The mahele is a single land transaction that commenced on January 28, 1848 and ended on March 7, 1848. On March 8, 1848, Kamehameha III signed and sealed two instruments. One instrument surrendered a portion of Kamehameha III' s lands to the chiefs and people and served as his payment of commutation to the government. The lands conveyed by Kamehameha III to the government became known as Government Lands. The second instrument conveyed perfect title to the remaining lands for the personal use of Kamehameha III. These lands became known as Crown Lands and were the private lands of Kamehameha III, his heirs, and successors. "An Act relating to the lands of His Majesty the King, and of the Government" passed on June 7, 1848 codified the mahele and the creation of Government Lands and Crown Lands. Prior to 1865, the Crown Lands were alienable, the private domain of the King, leased and sold at his will, subject only to the rights of tenants.
"An act to relieve the royal domain from encumbrances, and to render the same inalienable," approved by Kamehameha V on January 3, 1865, made the Crown Lands inalienable and placed them under the administration of the Board of Commissioners of Crown Lands. The act mandated that Crown Lands descend to the heirs and successors of the Hawaiian Crown. The act limited Crown Land lease terms to a maximum of 30 years.
Laws of His Majesty Kamehameha V ... Passed by the Legislative Assembly, 1864-1865. An Act to Relieve the Royal Domain from Encumbrances, and to Render the same Inalienable.
Second Act of Kamehameha III, An Act to Organize the Executive Departments of the Hawaiian Islands, Part I - Department of the Interior, Chapter VII - of the Hawaiian Land Office. Article IV - of the Board of Commissioners to Quiet Land Titles. In, Statute Laws of His Majesty Kamehameha III, King of the Hawaiian Islands: Passed by the Houses of Nobles and Representatives, during 1845-1846, volume I. Honolulu, Oahu: Charles E. Hitchcock, Printer, Government Press, 1846.
Internal structures/genealogy
Three persons were appointed by the King to be commissioners, two from his Cabinet Council to serve without any remuneration, and the third to serve as the Land Agent to be paid out of the revenues of leases.
General context
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Rules and/or conventions used
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Entry 2020-07 by J. Horowitz
Language(s)
- English
Script(s)
Sources
Second Act of Kamehameha III, An Act to Organize the Executive Departments of the Hawaiian Islands, Part I - Department of the Interior, Chapter VII - of the Hawaiian Land Office. Article IV - of the Board of Commissioners to Quiet Land Titles. In, Statute Laws of His Majesty Kamehameha III, King of the Hawaiian Islands: Passed by the Houses of Nobles and Representatives, during 1845-1846, volume I. Honolulu, Oahu: Charles E. Hitchcock, Printer, Government Press, 1846.
Records of the Foreign Office and Executive. Privy Council Minute Books (Series 421). 1846-1847.
Laws of His Majesty Kamehameha V ... Passed by the Legislative Assembly, 1864-1865. An Act to Relieve the Royal Domain from Encumbrances, and to Render the same Inalienable.
Session Laws of the Kingdom of Hawaii, 1890. Act 75 - An Act to Declare Certain Lands to be Part of the Crown Lands and Royal Domain.
Constitution of the Republic of Hawaii, 1894. Article 95 - Crown Lands.
Session Laws of the Republic of Hawaii, 1895, Special Session. Act 26 - The Land Act of 1895.
Hawaiian Organic Act: An Act to Provide a Government for the Territory of Hawaii. Act of April 30, 1900, c 339, 31 Stat 141, Sections 73, 99, and 107.
Revised Laws of Hawaii, 1925, volume 1, chapters 39, 40, 44. Volume 2, Appendix - Crown, Government, and Fort Lands. Disposition of Government Lands. Homestead Laws.
Hawaii Revised Statutes. Title 12 Conservation and Resources. Chapter 171 - Public Lands, Management and Disposition of.
Maintenance notes
2020-07-29, Joel Horowitz: Entered into AtoM