6450, Apana 1, to which the sea fishery of Mokauea was appurtenant, and upon mesne conveyances from Moehonua's heirs.ĭuring the course of the litigation the Territory made a settlement with the owners of Kahakaaulana Island and obtained a deed. Their claims were based upon inheritance from W.L. All Intervenors claimed to own undivided interests in the fee simple title to the submerged land and the konohiki fishing rights, claimed by Hawaiian Dredging Company, Limited. Others did not appear until 1951, ten years after the action was commenced. None of the Intervenors-Appellants appeared in the case or asserted any rights in the area under condemnation until 1947.
The petition was accordingly amended to seek condemnation of the island and of all private rights in the fishery, whatever such rights might be. However, defendant Hawaiian Dredging Company, Limited, claimed not only the fishing rights as the konohiki *154 of the fishery but also the fee simple title to the submerged land in the fishery. When the action was filed the Territory alleged that the only outstanding private rights in the area were fishing rights and ownership of Kahakaaulana Island (L.C.A. The area under condemnation was the sea fishery of Mokauea in Keehi Lagoon. On August 29, 1941, the Territory of Hawaii instituted a condemnation action in aid of the Keehi Lagoon transpacific seaplane harbor. Ashford, Special Deputy Attorney General (Shiro Kashiwa, Attorney General, with him on the brief) for Petitioner-Appellee. Desha II on the briefs) for Intervenors-Appellants.Ĭlinton R. TSUKIYAMA, C.J., CASSIDY, WIRTZ, JJ., CIRCUIT JUDGE OKINO IN PLACE OF LEWIS, J., DISQUALIFIED, AND CIRCUIT JUDGE JAMIESON IN PLACE OF MIZUHA, J., DISQUALIFIED. HAWAIIAN DREDGING COMPANY, ET AL., AND JUE ANAMI, DAVID KAKALIA, KOMAYE OISHI, ET AL.
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