Article XII traces its genesis to a series of events dating from at least the first western contact with Hawaii. Those events are complex, are associated with controversy, and record the tragic near-demise of an ethnic group. Basic to an understanding of this article is the designation of certain lands in Hawaii as “ceded lands,” “available lands,” and “public lands.” When Hawaii was annexed in 1898 and become a territory in 1900, it ceded and transferred to the United States ownership of all government and crown lands. Congress specified, in the Joint Resolution...
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