Homestead lot inappropriately granted: OPA

The Public Auditor yesterday reported that 1.08 hectares of agricultural homestead lot was inappropriately granted to a homesteader because a hearing committee failed to hear the case in accordance with the homestead laws and regulations.

The audit showed that the Division of Public Lands, through another Homestead Review Committee, reviewed and rendered a decision on an agricultural homestead case which was already decided and closed seven years earlier by the first Homestead Review Committee of the former Marianas Public Land Corporation (MPLC).

Its decision reversed the first Homestead Committee’s decision in favor of the homesteaders. DPL acted beyond its jurisdiction, as a result, DPL’s Homestead Review Committee violated the HWA regulations.

In addition, DPL awarded the lot to the homesteader on the basis of “moral grounds” and not on the legal merits of the case.

The homestead grant was authorized by the then Trust Territory Government in 1977 and after three years a quitclaim deed was issued by the former MPLC to the homesteader.

Six years later, the homesteader filed an application for an agricultural grazing permit on a strip adjacent to their homestead.

The application was made by the homesteader’s wife, on behalf of her husband. The wife is currently the chairperson of the Land Registration Team of the Division of Land Registration and Survey, DLNR.

On Nov. 24, 1987, the homesteaders requested MPLC to grant the second tract of land to them and their heirs, but the MPLC executive director denied the request stating that MPLC can only dispose of public land through the village homestead program or through exchange with private land if there is a determination that the private land is needed to serve a public purpose or through lease for commercial purposes.

According to the executive director, the homesteaders’ case did not fall under any of those criteria.

The decision to deny the request was upheld by the Homestead Hearing Committee saying MPLC has no authority to give more land than what is indicated on the approved plat.

According to OPA, the Homestead Waiver Act and Regulations provides that the decision of a Homestead Hearing Committee on an appeal filed by a homestead applicant shall be deemed final for MPLC and the only way the decision can be appealed is through the Commonwealth Superior Court after final agency action.

“We cannot find any provision in the CNMI law to support the action taken by the second Homestead Review Committee reversing the decision of a committee created for the same purpose,” said Public Auditor Leo LaMotte.

OPA recommended the director of DPL to file a civil action in the Superior Court to invalidate the grant of the agricultural homestead land to the homesteaders and determine what adverse action should be taken against the officials responsible in making the illegal transfer.