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PROSPECTIVE suYER r1vFORMaTIOrI I. History of land laws and Hawaiian culture Hawaiians did not own property. There was no basis for property rights since the Ali'I held the land in trust for the people in common. In 1848 the Great Mahele occurred ~~ahen it was determined that unless Hawaii recognized property rights, it had nothing with which to trade. Subsequently, Hawaiians became odv-ners of land. There is much dispute on the fairness of the Caveat Mahele but th.Tough that process Hawaiian native tenants were granted land in fee simple. Difficulty in owning land was compounded by stewardship/ownership of parcels that were divided into pie shapes from the mountain to the sea in ancient times. These parcels of land were known as ahupua'a. Throughout the islands there were also a series of trails that went horizontally and vertically through each ahupua'a. This system is known as the Alaloa. English common law provides that all roadways are owned by the King or Ali'i. This remains true in I-Iawai'i. Certain laws have reinforced the rihts of people to traverse ancient trails and current roads to worship and gather according to their culture. Hawaii's history is different from any other star in the United State's flag. January 17, 1893 American businessmen organized an armed militia and launched a coup d'etat with support of the U.S. military forces anchored in Honolulu Harbor. The plotters sought annexation by the U. S., but President Grover Cleveland ,citing violations of treaties of friendship with the Kirfgdon~ of Hawai'I, ordered them to restore Queen Lili'uokalani to her throne. Instead, the coup leaders declared a Republic of Hawai'I in 1894 and confiscated Crown Lands and Hawaiian Government Lands, taking much of the land themselves and offering the rest of the land to the U. S. Governvrient in exchange for annexation. The U. S. Senate never achieved the two-thirds majority vote required for annexation. In 1898 a joint Congressional resolution made Hawai'I a U.S. territory. Much of the law related to land in Hawai'I is based on cultural practices. The definition of this is best left up to attorneys but definition through case law shows that at least it encompasses hunting, gathering, fishing and worship. II. Laws