Resident seeks land compensation
A Saipan resident whose property was acquired by the CNMI government for public use is seeking fulfillment of the promised land exchange.
Julia Kotomar Norita, wife of the late Julian Norita, brought the action seeking just compensation for the property acquired in 1989 as part of the Chalan Pale Arnold Road in Tanapag Village.
In notifying the late Norita and pursuant to P.L. 5-33, the then administration of Gov. Pedro P. Tenorio asked him if he wanted a land exchange as compensation for his property.
Norita indicated that he did want a land exchange as compensation and authorized the government to survey his land to determine how much is needed for public use.
After signing the acknowledgment and authorization, then Gov. Tenorio certified to the Marianas Public Land Corporation that Norita’s property be acquired for public land of comparable value, as required by law.
As a result of the certification, negotiations commence between Norita and MPLC to try to resolve the matter and in 1993, a resolution was achieved when Norita agreed to a comparable public land in San Juan area, Marpi as his compensation.
Based on the CNMI’s own appraisal of the decedent’s property at $550.00 per square meters and that of the public land in San Juan area, Norita was entitled to some 131,597 square meters, more or less.
On Jan. 24, 1994, a map was prepared by the CNMI identifying the land in Marpi as Lot No. 056 C 66 containing some 131,597 square meters, more or less.
On numerous occasions prior to his death, Norita pursued the matter with MPLC in hopes of resolving the issue by having MPLC convey to him the lots as compensation for his taken property.
Due to his illness, Norita conveyed his property to Julia for her to pursue the land exchange with MPLC. Much like her late husband’s efforts, Julia’s efforts were also rendered fruitless.
Julia believed that the land exchange may not now be possible as the lot has been leased to Bird Island Development Inc. as part of its proposed golf resort project in the San Juan area, Marpi.
To this day, the Noritas has yet to be “justly compensated” by the government and yet, it continues to use and maintain the property as part of public access.
In fact, there is now an ongoing road construction project to further improve Norita’s property as part of a public road.
Julia, by and through her attorney-in-fact Claudio K. Norita, is asking that the CNMI government justly compensate her the sum of $1,973,950 plus any lawful interest, the same being the fair market value of the property.
In the alternative, she is asking the court to stop the government from using, improving, developing or in any way, maintaining her property as a public road way.
