3 sue landowner over land compensation dispute

Two women have sued their brother over a land compensation dispute.

Herminia M. Fusco and Julia B. Matsumoto sued Roman B. Matsumoto for alleged misrepresentation and fraud. Yae Yeol Lim, a land lessee, also joined as plaintiff.

The plaintiffs, through lawyer Joseph Arriola, alleged that Roman Matsumoto received through fraud a total of $351,370 land compensation from the defunct Marianas Public Lands Authority through separate transfer of lands.

The plaintiffs, through counsel Joseph Arriola, asked the Superior Court to order a rescission of the transfer of real property and the cancellation of the quitclaim deed.

The plaintiffs asked the court to reconvey the subject property to them.

In the alternative, the plaintiffs asked for a monetary judgment against defendant equal to the total sum he had received from the MPLT, as well as for damages.

Arriola stated in the complaint that the late Augusta B. Matsumoto was the owner of certain parcels of land situated in Saipan.

In 1990, Arriola said, Augusta B. Matsumoto entered into and executed an agreement with the government whereby she granted a right-of-way entry to the government, for public use, in some portions of her property.

As part of the agreement, the parties agreed that the compensation to Augusta B. Matsumoto shall be exclusively through land exchange of public properties on a value-for-value basis.

In April 1993, Augusta B. Matsumoto received another letter from then Marianas Public Land Corp. advising her that the price per square meter for private land acquisition was $150 per square meter.

In April 1994, Augusta B. Matsumoto executed a property conveyance document outlining her intentions with respect to the real property distribution of her estate to her six children.

Arriola said Roman Matsumoto’s share is situated further away from the As Lito Road, which precluded him as an interested party in the right-of-way acquisition.

Arriola said Roman Matsumoto begged and even cried to his mother, Augusta, to give him the right-of-ways in the As Lito properties on the grand deed, in order to pursue a land exchange on the properties.

The lawyer said Roman Matsumoto’s request was made on the premise that “he has so many children and he wanted to pursue a land exchange so he could leave them all some land.”

In March 1997, and contrary to his mother’s wishes and Roman Matsumoto’s own false representation, he proceeded to negotiate and executed a warranty deed and settlement agreement with the government in favor of the government in exchange for monetary compensation, Arriola said.

This deed involved the transfer of lots containing a combined 687 square meters.

Arriola said Roman Matsumoto received $103,050 from the government, “knowing well that the decedent’s decision to amend the grand deed in favor of defendant was for the sole purpose of acquiring a land exchange, not monetary compensation.”

In August 1997, Roman Matsumoto convinced plaintiff Lim, as lessee, to surrender portions of his leasehold interests, which were the subject of the land exchange.

Defendant did not inform Lim that the surrendered areas of the leasehold interests were subject to land exchange by way of monetary compensation.

Consequently, Lim did not receive compensation for his now diminished leasehold interests, Arriola said.

Roman Matsumoto also received $248,320 from the government for the transfer of 1,393 square meters of another property, “knowing full well that his decision to convey their As Lito property in favor of defendant was for the sole purpose of acquiring a land exchange, not monetary compensation.”

Arriola said that his clients discovered the fraud perpetrated by the defendant only in November 2005.