MPLT backs MPLA on underground cables

The Marianas Public Lands Authority has found an ally in opposing a proposed legislation barring the agency from charging a fee for utility cables buried in public lands.

In an April 28 letter to House Speaker Benigno Fitial, the Marianas Public Land Trust said that House Bill 14-324 is unconstitutional and against the interests of the CNMI’s indigenous people.

Citing the Covenant and the U.S. and CNMI Constitutions, the MPLT trustees maintained that the lands affected by the bill belong collectively to persons of Northern Marianas descent.

“Because the public lands in the Commonwealth are owned only by persons of [Northern Marianas descent], it would constitute a ‘taking’ of property in violation of the Fifth Amendment of the U.S. Constitution and NMI Constitution. This is tantamount to giving lands without compensating the owners,” the trustees said.

They also noted that Section 501 of the Covenant reiterates the Fifth Amendment, which prohibits taking without just compensation and a legitimate public purpose.

Further, the Legislature would be encroaching on MPLA’s independence if it enacted the law, the MPLT trustees said.

“It is clear and unambiguous that MPLA has the responsibility for the management and disposition of public lands; disposition includes lease and granting of easement,” MPLT said. “Simply stated, the legislation would strip MPLA from any meaningful management and disposition of [Northern Marianas descent] lands and would severely infringe upon and encroach on MPLA’s independence.”

The House of Representatives put on hold the passage of H.B. 14-324 on Wednesday amid the vehement objection by MPLA.

According to MPLA, the bill, if signed into law, would shortchange over 3,000 homestead applicants who could benefit from revenues from utilities with cables buried in public lands. Being a self-sustaining agency, MPLA noted that its main sources of revenues are the lease and rental of public lands.

Authored by Rep. Claudio K. Norita, H.B. 14-324 says that the customers will ultimately bear the brunt of additional costs, if MPLA started charging utility companies a fee for underground cables.

The bill also maintains that utilities that take the initiative to bury cables should be rewarded, rather than assessed fees.

“The Legislature finds that the burying of cables utilized by regulated utilities is beneficial to the people of the Commonwealth and should be encouraged. In the likely event that the Commonwealth is impacted by a typhoon, it is essential for the safety of [the] Commonwealth’s residents that communications and power transmission lines remain operative,” a portion of the bill reads.

Further, having cables buried underground enhances the aesthetics of the islands as a tourist destination, as views will not be spoiled by webs of hanging utility cables, the bill says.