Individual Land Tenure in American Samoa

Abstract

This essay analyzes land tenure in the United States Territory of American Sâmoa. It reports the development of a new type of private land that withdraws lands from traditional descent groups and gives ownership rights to individuals. Although most American Samoans practice the indigenous kinship-based system of land tenure, the new system is legally recognized and upheld through court decisions. The essay reviews the geographic and political background of American Sâmoa as well as customary Samoan social organization and land tenure. The legal history of American Sâmoa’s individual land tenure is recounted, and characteristics of the new system are detailed. A brief comparison with individual land in Sâmoa (formerly Western Sâmoa) is made, and three case studies of land tenure in other Polynesia countries are discussed. The findings show that American Sâmoa’s land tenure systems are successful in supporting the needs of its people. Together, the traditional and the new systems of land tenure enable American Samoans to make their living in the economic system as it exists in the territory. While the traditional system sustains Samoan culture and identity, the individual land system supports alternative living arrangements and reintroduces returning Samoans to their native land. A prescription for continued success encourages both land systems and requires active membership in the landholding group as a condition for land use rights.