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MPLA appeal vs land compensation junked
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Posted on Sep 09 2005
The Superior Court has rejected an appeal by the Marianas Public Lands Authority to reconsider its decision to award a landowner at least $365,330 for the government’s taking of private property in 1990.
Associate Judge David Wiseman denied the reconsideration request of the MPLA in a hearing earlier this week, upholding the award he had declared in favor of Jose Ch. Camacho.
The case will proceed to bench trial beginning Tuesday, in connection with the rate and amount of interest Camacho is entitled to for the long delay of compensation from the time his property was taken by the Department of Public Works.
The judge junked the MPLA’s argument that it should not be held liable for the land taking because the DPW—not the MPLA—took the property.
Camacho’s attorney, Robert Torres, had argued, though, that the CNMI government essentially took the land.
The subject lots are located in As Lito and have an aggregate area of 737 square meters.
Wiseman had said that the government is constitutionally mandated to provide just compensation to a landowner for physical invasion of the latter’s private property.
While the judge ruled that delay in payment by the government does not constitute breach of contract, Wiseman said Camacho is entitled to interest payment, which would put him in a position as good as being compensated in a timely manner. (John Ravelo)
