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Seattle-based landowner sues MPLA, DPW over taking of his land
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Posted on Dec 06 2005
A Seattle-based landowner has sued the CNMI government, the Marianas Public Lands Authority, and the Department of Public Works, over the taking of his property in Gualo Rai allegedly without just compensation.
Antonio S. Camacho asked the U.S. District Court for the NMI to order the defendants to pay him damages.
Camacho, through counsel Michael Dotts, stated in the complaint that in 1994, DPW at the direction of government, undertook to pave and widen the road known as Gualo Rai Loop.
Pursuant to this plan, a 50-foot easement was recorded on a “severance map” and filed with DPW.
This easement constituted a taking of the property over which it was imposed, Dotts said, adding that Camacho owned 1,065 square meters of the property that was taken.
Subsequently, the Legislature enacted Public Law 13-17 called the “Land Compensation Act” in order to compensate landowners like Camacho who had not been paid for land taken by the Commonwealth for public use.
On Dec. 22, 2003, Dotts said, MPLA determined that Camacho was owed compensation for his land and on behalf of the government made an offer to him.
“Due to the insufficiency of the amount of this offer, the use of the incorrect date of the taking and the application of interest rate far below that which was proper, Camacho, through counsel, rejected this offer on Feb. 20, 2004,” Dotts said.
MPLA entered a decision on Sept. 13, 2004. Neither Camacho nor MPLA were satisfied with this decision and both parties appealed to the MPLA board.
“Despite numerous requests for a response, and the expiration of over one year, MPLA has issued no decision regarding this appeal,” Dotts said.
