AG urged to compel DPL to implement NI homestead laws

Northern Islands Mayor Jerome K. Aldan wants the Office of the Attorney General to issue a legal determination and notice to compel Department of Public Lands Secretary Pete A. Tenorio to fully implement homestead laws in the Northern Islands.

It has been years since homestead laws were enacted for the Northern Islands but they have yet to be implemented.

“A written legal determination is hereby requested advising DPL secretary to immediately comply… with this as a preliminary relief. A certified question may be a consideration for the CNMI Supreme Court. In the alternative, a declaratory and injunctive relief in the Superior Court may be filed, either as a concurrent or successive consideration the AGs office may avail of in effecting the application,” Aldan said.

In a four-page letter, Aldan asked for Attorney General Edward Manibusan’s help and reminded him of their recent informal meeting to push the development of Pagan and other Northern Islands.

“Following our informal meeting in your office earlier this year regarding effectuating the application of the Northern Islands free trade zone, and also in my effort to avert any future privately-initiated action against the DPL for failure to perform its ministerial duties in implementing the CNMI Constitution on homestead and related statutes of the same matter,” Aldan stated, “this letter is a formal follow up and formal request seeking the assistance of the AG in issuing a legal determination and notice to compel the DPL through the department’s secretary to fully implement all homestead laws that have long been applied and effected throughout the CNMI to benefit qualified residents of Rota, Tinian, and Saipan.”

Aldan said the same property rights and privileges lawfully vested on residents of the Northern Islands have not been accorded to persons of Northern Marianas descent and qualified residents of the Northern Islands.

According to Aldan there are numerous homestead laws and applicable fundamental policies or provisions of the CNMI Constitution. Under the CNMI Constitution, such homestead laws include Article XL. Several statutes and resolutions have been passed reminding DPL to issue homesteads to residents of the Northern Islands, removing any and all administrative roadblocks to issuance of homesteads to residents.

According to Aldan over two years ago DPL performed land surveys on Pagan, which it identified as Lot No. 001 S 03. The parcel located in Regusa, Pagan contained a total area of 731,464 square meters of land deemed suitable by DPL for village and agricultural homesteads.

“Another 35 parcels of homestead lots were surveyed at the direction of the public land office back in 1979 by a private survey firm, which is the site of the present homestead in Shulmuson village. This was referenced by a private firm hired by the land office in 1980 on homesteading, reiterating what was previously stated on record by the Office of Transition Team in 1979,” Aldan stated.

He cited a meeting last year with Northern Island residents focusing on the status of homesteads and ideas on the allotment of lot size for village and agricultural homesteads. At that time, residents voiced their opinions on the matter seeking interest in gaining homesteads.

Aldan also said that in 2013 DPL informed the Saipan and Northern Island Delegation about a draft Land Use Plan that includes the Northern Islands for the first time and informed SNILD that it will seek consultation with Northern Island residents.

“Unsurprisingly, DPL failed to follow through in properly consulting with the residents of the Northern Islands, let alone the Mayor of the Northern Islands since the 2013 SNILD meeting,” he said.

“…in a nutshell, the AG was otherwise compelled to provide the incumbent opportunities to first read, digest, reflect, and get used to following the local law at issue. Unfortunately, the incumbent had chosen to defy, behave, and act contrary to the intent of the cited local law, not once or twice, but ‘all’ times since said law was approved which had been ignored and violated with impunity,” he added.