Normally I don't spend so much time posting lots of material online simply because my fingers hurt when I type LOL Seriously... I am quite vague as the Hawaiian language can be very vague.
Well someone had asked me something about title in Hawaii so I responded and while it's not everything that I want to "say" I tried to respond to it with the best of my abilities. Sorry this response is so long and sorry for using "big words" LOL I've also put what I think are the more important points in bold. Anyway here goes:
Question: "Lana[sic]: do you believe all land, including land privatized at the Mahele, has invalid title and it all belongs to Hawaiians?"
My Long Response:
1. Following the Revolutionary War the U.S. government first commissioned a survey for the entire area when they opened an area for settlement. The intent of this Government Survey System aka U.S. System of Rectangular Surveys aka Public Domain Survey was to create a large grid with every square of the grid uniquely identified. Over time they (the U.S. government) commissioned this GSS and is now used to describe property with symbols and with words in a type of shorthand which makes it easy for the government to describe the property.
2. In Hawaii the Mahele was pre-GSS. Some properties such as ceded land which is a misnomer was illegally transferred in the public domain.
3. In acquiring legal title alienation or "the act of transferring ownership, title, or an interest in real property from one person to another" may be voluntary or involuntary:
- Voluntary via deed or will.
- Involuntary by
* descent (when a person dies without a will) or
* escheat of the state (escheat provides the government normally the state government to take the property of an owner who dies intestate or "without a will" and w/o any known heirs entitled to receive the property or
* by adverse possession which is when the true owner of record fails to maintain possession and the property is seized by another; or
* by eminent domain (gives the government the right to take land from an owner though a legal process called condemnation) with due process.
For the latter... Hawaiians were not given due process.
For voluntary alienation... Hawaiians never deeded nor willed said property to another owner.
For involuntary alienation... Hawaiians never died without a will while in possession of said land nor did they die without any known heirs (escheat); nor did Hawaiians fail to maintain possession (adverse possession nor were Hawaiians given due process of law under eminent domain.
There was also no constructive notice with is another tangent.
4. Therefore the titles in Hawaii are not legal and are null and void and belong to Hawaiians to this day BUT the reality is that people will not do what is right. Instead they will do what is right FOR THEMSELVES.
Briefly... there are two types of title insurance: 1) Owner's and 2) Lender's:
1. Thousands of owner's policies have been issued to date for the total purchase price of the property. These policies help to protect the new "owner" against unexpected riskc such as forged deed signatures and damages for any defect in the title and probably accounts for millions if not billions of dollars to private companies as well as banks and state and local governments since many of them make a cut in terms of taxes typically called "State transfer taxes."
2. Then there are owner's policies that have already been issued for the unpaid mortgage amount and protects the lenders against title defects. This probably totals millions if not billions as well.
Then you have property "owners" who most probably will not give up what they have purchased. If they do they stand to lose hundreds of thousands of dollars... if not millions. They also risk the change of profiting off of the sale of their property or the risk of not being able to do a Section 1031 of the IRS Code transfer perhaps to another residence elsewhere in the continental U.S. That is about $250,000 or $500,000 in tax breaks right there. People will not give that away. If they did they would have already done so.
But it is a money thing. Private and public. U.S. government, state government, and people. It's all about the money.
But there is hope. There are some points which Keanu Sai touched on. Will there be others questioning title since there ARE encumbrances on the title? We need another solid Hawaiian man to step up to the plate and bat for us. Any takers?
Oh and one more thing... that is where Kenneth Conklin PhD, my cousin Paul DeSilva, Jere Krischel, and the like come in.
They already know that we can challenge the title since there ARE encumbrances on them as we are the rightful beneficiaries/heirs/etc. That is why they try to ethnically cleanse us... because they "own" property in Hawaii. They don't want Hawaiians to realize these key points and instead try to distract us with their senile points of view. They know that they risk alot of money. That is... THEIRS.