Haw. Rev. Stat. § 91
That, except as otherwise provided, the public property ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight, shall be and remain in the possession, use, and control of the government of the Territory of Hawaii, and shall be maintained, managed, and cared for by it, at its own expense, until otherwise provided for by Congress, or taken for the uses and purposes of the United States by direction of the President or of the Governor of Hawaii. And any such public property so taken for the uses and purposes of the United States may be restored to its previous status by direction of the President; and the title to any such public property in the possession and use of the Territory for the purposes of water, sewer, electric, and other public works, penal, charitable, scientific, and educational institutions, cemeteries, hospitals, parks, highways, wharves, landings, harbor improvements, public buildings, or other public purposes, or required for any such purposes, may be transferred to the Territory by direction of the President, and the title to any property so transferred to the Territory may thereafter be transferred to any city, county, or other political subdivision thereof, or the University of Hawaii by direction of the governor when thereunto authorized by the legislature; Provided, That when any such public property so taken for the uses and purposes of the United States, if instead of being used for public purpose, is thereafter by the United States leased, rented, or granted upon revocable permits to private parties, the rentals or consideration shall be covered into the treasury of the Territory of Hawaii for the use and benefit of the purposes named in this section.
HRS § 91
See §1489 of title 48 of U.S. Code for the Act of Mar. 27, 1934, c 99, 48 Stat 507, providing against loss of title of U.S. land.
See the Joint Resolution of Annexation and the note thereto, in regard to ceded public lands, RLH 1955, page 13; see Chronological Note of Acts Affecting Hawaii for Acts of Congress, presidential proclamations, and executive orders, RLH 1955, page 9; see also notes to §73. For transfers made by the Governor, see notes to this section in R.L. 1925 and R.L. 1935 and the records of the commissioner of public lands.
See §73(q) re further power of the Governor to set land aside for use of United States.
Nature of authority granted Territory. 66 F. Supp. 782.
Under the original §, the Territory could not sell ceded movable property: 25 Ops. 523 (tugboat); but previous sales were ratified and further sales authorized by an Act of May 26, 1906 (34 Stat 204). The title of the government to the crown lands cannot be questioned by the courts: 18 H. 651; 18 Hawai'i. 645; 20 Hawai'i. 548. The Territory may maintain a bill for an injunction to remove obstructions to public rights of the shore outside of high water mark: 16 H. 376. Setting aside land for a naval reservation does not deprive the Territorial courts of jurisdiction over misdemeanors committed thereon against local laws: 19 H. 200. (See also 23 Hawai'i. 63; 4 U.S.D.C. Haw. 466; notes to §§2, 55, and 86.) Referred to in 15 Hawai'i. 367; 16 Hawai'i. 245; 21 H. 144; 217 U.S. 244; 1 U.S.D.C. Haw. 95. See also 25 Ops. 225; 150 F.2d 1016.
Palmyra Island was part of the land ceded to the U.S. by Hawaii, 133 F.2d 743. However, for claim of private ownership based on presumption of lost grant, see 156 F.2d 756, aff'd 331 U.S. 256.
Sand Island, created by the deposit of spoil on submerged land, is subject to the provisions of this section and after having been set aside by the President for military purposes could be transferred by him to the Treasury Dept. 39 Ops. 460.
Law Journals and Reviews
The Lum Court and Native Hawaiian Rights. 14 UH L. Rev. 377.