Anthropology 699 & 399 (Fall 2005)
Graduate Course Number 76204
Undergraduate Course Number 77408
Hawaiian Land Titles
| Dr. Ty Tengan & Keanu Sai | Class Room: Webster 203-A |
| Email: anu@hawaii.edu | Mondays: 5:00-7:30 pm |
| Office: Saunders 638 | Office Hours: M-F 9-11am |
COURSE DESCRIPTION
This course will provide the student a working knowledge of Hawaiian land tenure in 19th century Hawai`i. Crucial to this knowledge is an understanding of real property, in particular, the common law. Knowing terminology, laws and customs as they relate to real property are vital and it provides a theoretical framework before delving into the function and role of the Board of Commissioners to Quiet Land Titles, the 1848 Great Mahele, and the 1850 Kuleana Act. The student will also develop a working knowledge of the Bureau of Conveyances, the Archives, Land Court and other repositories concerning landed property. By the end of the course the student should be able to do a basic title abstract that can trace property today to the original title under Kamehameha I.
METHODOLOGY
The course will be taught as a seminar, notwithstanding it being listed as a directed reading and research course. Students will be expected to actively participate in class discussion and complete the required readings before class. Grading is based on (40%) class participation, (20%) class attendance, (20%) pop-question quizzes, and a (20%) title abstract.
CALENDAR
|
DATE
|
TOPIC
|
READINGS
|
ASSIGNMENT
|
|
8/25
|
Introduction
of Course
|
|
|
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9/1
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Terminology, Laws & Customs
|
Blackstone,
Commentaries on the Laws of England, vol. 2, pp. 44-57; Walker, Theory of the Common Law, pp. 1-34.
|
Pop-Question
|
|
9/8
|
Terminology,
Laws & Customs
|
Walker, Theory
of the Common Law,
pp. 34-90.
|
Pop- Question
|
|
9/15
|
Terminology, Laws &
Customs
|
Walker, Theory
of the Common Law,
pp. 90-130; Kent, Commentaries on American Law, vol. 1, pp. 90-113.
|
Pop- Question
|
|
9/22
|
Hawaiian
Legal Order
|
Sai, Hawaiian
Constitutionalism (essay); Constitution, 1840, 1852, 1864; Article LI—Of the Registrar
of Conveyances—His Duties, Compiled Laws, 1884, pp. 405-410; Article
LII—Of Notaries Public, Compiled Laws, 1884, pp. 410-412.
|
Pop- Question
|
|
9/29
|
Hawaiian
Land Tenure
|
Alexander,
Surveyor General's Report: A Brief History of Land Titles in the Hawaiian
Kingdom, pp.
3-30; Glossary of Real Estate Terms & Hawaiian Institutions; Chapter
XXXII—Of the Descent of Property, Both Real and Personal, Compiled Laws, 1884, pp.
474-478; Chapter XXXIII—Of Wills, Compiled Laws, 1884, pp. 479-481.
|
Pop- Question
|
|
10/6
|
Land Commission
|
Article
IV—Of the Board of Commissioners to Quiet Land Titles, 1845; Principles Adopted by
the Board of Commissioners to Quiet Land Titles, in Their Adjudication of
Claims Presented to Them, 1846.
|
Pop- Question
|
|
10/13
|
Division
between the Government and Chiefs
|
Joint
Resolutions on the Subject of Rights in Lands and the Leasing, Purchasing and
Dividing the Same,
1846; An Act to Relieve the Royal Domain from Encumbrances and to Render
the Same Inalienable, 1865, Compiled Laws, 1884, pp. 523-525; An Act to Facilitate the
Settlement of Boundaries, by the Appointment of Commissioners, and Extend the
Term of the Commission of Boundaries, Established by an Act Approved 23rd
August, 1862,
Compiled Laws, 1884, pp. 528-532.
|
Pop- Question
|
|
10/20
|
Division
between the Government, Chiefs and native Tenants
|
An Act
Confirming Certain Resolutions of the King in Privy Council, passed on the 21st
day of December, A.D. 1849, Granting to the Common People Allodial Titles for
Their Own Lands and House Lots, and Certain Other Privileges, 1850; An Act to Provide for
the Appointment of Agents to Sell Government Lands to the People, 1851.
|
Pop- Question
|
|
10/27
|
Court
Decisions
|
Kekiekie
v. Dennis, 1851,
vol. 1, pp. 69-70; Ha`alele`a v. Montgomery, 1858, vol. 2, pp. 62-72; Oni
v. Meek, 1858,
vol. 2, pp. 87-96; Estate of His Majesty Kamehameha IV, 1864, vol. 2, pp. 715-726.
|
Pop- Question
|
|
11/3
|
Post-1887 Hawai`i
|
1887
so-called Constitution; Proclamation—Incident to the Change from the
Monarchy to the Provisional Government, 1893; 1894 so-called Constitution; Dowsett v.
Maukeala, et al.,
vol. 10, pp. 166-171.
|
Pop- Question
|
|
11/10
|
Post-1898
Hawai`i
|
Joint
Resolution to Provide for Annexing the Hawaiian Islands to the United States, July 7, 1898; Validity of
Congressional-Executive Agreements that Substantially Modify the United
States' Obligations Under An Existing Treaty, Nov. 25, 1996, Office of Legal
Counsel, vol. 12, pp. 389-401; Legal Issues Raised by Proposed
Presidential Proclamation to Extend the Territorial Sea, October 4, 1988, Office of Legal
Counsel, vol. 19, pp. 238-263; The Law of Land Warfare, FM 27-10, Dept. of the U.S.
Army, pp. A-90-107.
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Pop- Question
|
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11/17
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How to do
a Title Abstract
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Visit Tax
Office, Bureau of Conveyances, Archives and Land Court;
Sample:
Title Abstract
|
|
|
11/17-12/8
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Title
Abstract
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Individual
Titles Search
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|
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12/8
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Last
Class
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Pa`ina
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Submit Title Abstract
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