Private Monopoly and the 'Aina (Land)

Facebook CEO Mark Zuckerberg has found his Hawaiian paradise: a $100 million purchase of 700 acres on the island of Kaua'i. Known as the "Garden Isle," Kaua'i has perhaps the most beautiful scenery of all the Hawaiian islands.

But all is not happy in "paradise." Zuckerberg is suing for small parcels of land within his "kingdom." The parcels, however, are owned by other individuals through their ancestors who received title to the lands through the Kuleana Act of 1850. This was intended to let Native Hawaiians have land. But, eventually, it left out 99% of the indigenous population.

The matter is complex. There's not enough documentation to find out who the descendants are. But Zuckerberg says he wants to find out so he can pay the descendants a fair price. But who says the descendants want to sell? Zuckerberg just assumes this.

Zuckerberg's suit is known as "quiet title," a complicated method used to force owners of land to sell at auction. But auctioning off the land would go to the highest bidder. This means those with wealth, in particular whites and Japanese, would have more financial leverage than say most Native Hawaiians. The latter would thus be cut off from more land that is tied to their identity and culture. Some Native Hawaiians want to maintain those ties to the land. And they are incensed that Zuckerberg has filed suit.

Kapua Sproat, a law professor at the University of Hawai'i, said, "This is the face of neocolonialism. Even though the forced sale may not physically displace people, it's the last nail in the coffin of separating us from the land. For us Native Hawaiians, the land is an ancestor. It's a grandparent. You just don't sell your grandmother." ("Hawaiians call Mark Zuckerberg 'the face of neocolonialism' over land lawsuits," by Jon Letman and Julia Carrie Wong. The Guardian, 1/23/2017.)

The contrast in land ownership in the Hawaiian islands before and after 1778 is like night and day. In pre-1778 Hawai'i, all of the 'aina (land) was worked collectively. The highest ali'i (chief) controlled the 'aina, holding it in trust for the people. Local supervisors (konohiki) oversaw the 'aina, collecting taxes from those who worked it, the maka 'ainana (commoners). The system did work, providing abundance to the population. There was no concept of private ownership. But this was all under the Kapu (taboo) system, a series of rigid restrictions with harsh penalties. For example, anyone coming in contact with an ali’i’s hair or fingernails, or walking over the shadow of an ali'i was put to death. Also, females were not allowed to eat certain foods like bananas, fish and coconuts.

Private ownership was introduced for the first time in 1848 with the enacting of the Mahele. Not understanding how private ownership works, many Native Hawaiians went without land, while foreigners were buying it up. Land grabs have been a controversial issue ever since, at least for Native Hawaiians.

Zuckerberg says he respects Native Hawaiian culture. But having built a 12 foot lava stone wall on his property indicates an exclusive "paradise."