Modern Day Colonialism Through Hawaiʻi’s Quiet Title and Partition Laws

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. The distribution and recording of land parcels given through these legislative actions were written on hard copy documents and often imperfect. Throughout the generations, ownership became unclear due to the passing of these lands to next of kin or the interference of commercial businesses on the land. In modern days, plaintiffs seek to gain ownership of kuleana lands through the quiet title and partition action processes. However, more often than not, Native Hawaiians lose their land ownership through these legal actions because they do not have the means or resources to defend against these claims.