State v. Hawaiian Dredging Co.

OPINION OF THE COURT BY

WIRTZ, J.

On August 29, 1941, the Territory of Hawaii instituted a condemnation action in aid of the Keehi Lagoon transpacific seaplane harbor.

The area under condemnation was the sea fishery of Mokauea in Keehi Lagoon. 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. 10611 to Puhene) in the fishery. Hoivever, defendant Hawaiian Dredging Company, Limited, claimed not only the fishing rights as the konohiki of the fishery but also the fee simple title to the…