Heirs want title of property now leased to Best Sunshine

The heirs of Maria Mangabao, who have been waiting for many years to collect a judgment payment of between $15 million and $20 million for the taking of their land in Chalan Kanoa in 1993, are now seeking the title of the Samoan Housing property in Garapan as land exchange for just compensation.

The CNMI government has already leased the Samoan Housing property to Imperial Pacific, better known as Best Sunshine International Ltd., for the construction of the 250-room hotel and casino.

On Friday, the Mangabao heirs summoned Department of Public Lands Secretary Pete Tenorio to appear in Superior Court.

At the hearing, attorney Edward Arriola, counsel for the heirs, asked Tenorio, among other things, his fiduciary duty as DPL secretary—whether he is transferring the money that he received from Best Sunshine to Marianas Public Land Trust as required by the CNMI Constitution and whether or not he got the best price for the people of Northern Marianas descent in the lease negotiation and in the lease agreement.

Tenorio stated he has complied with his fiduciary obligations.

Assistant attorney general Charles Brasington appeared as counsel for the government. Judge pro tem Alberto C. Lamorena is presiding over the case.

Attorney Charles Reyes Jr., who is assisting Arriola in the case, told Saipan Tribune after the hearing that the government already lost this case, yet has not paid the Mangabao heirs despite a court judgment entered in 2009.

According to court records, the government and the heirs agreed to the taking of land consisting of over 6,000 square meters in 1993 and a judgment of $4.2 million.

In 2009, Superior Court Presiding Judge Robert Naraja found the government liable to pay $11.4 million to the heirs over the land taking. Because of the interests, the judgment has now ballooned to between $15 million and $20 million.

Since the heirs cannot get money from the government because the Legislature is required by law to appropriate that amount first, Arriola is now seeking a land exchange as just compensation, Reyes said.

Reyes said it is the reason why the heirs hauled Tenorio to court on a subpoena because he authorized the lease on the Samoan Housing property while there was a pending court action.

The lawyer said there was a motion to transfer the title of that Samoan Housing property to satisfy at least partial or substantial the court judgment.

“So Mr. Arriola asked the court to disgorge the profits and give that to the heirs or transfer title of that property to the heirs,” he said.

In the alternative, Reyes said, Arriola is asking for another large piece of property in Naftan Point.

By oral motion, Arriola asked for that Naftan Point property to be awarded to the heirs to satisfy the judgment, Reyes said.

He said the government is refusing to provide monetary relief and land exchange compensation as well.

The lawyer said the heirs are aging and many have died.

Reyes said with the non-payment, it’s more debt accumulating on the books against the government.

Right now, the 5th Amendment or the taking clauses of the U.S. and NMI constitutions have basically no practical effect in the CNMI, Reyes said.

“Because even if the government takes your land it’s very hard to get relief. It seems almost impossible to get relief,” he said.

Reyes said Arriola’s motion is a last-ditch effort to get some kind of relief for the heirs so they can get compensated at long last.