MPLA defers action on Nekai’s land claim

The Marianas Public Lands Authority’s board has deferred action on the agricultural homestead claim of board member Nicolas Nekai, as the agency has yet to complete its investigation on the claim.

MPLA’s special assistant for land exchange and land compensation Ray Salas said there was new evidence that came in, particularly past and current aerial photos of the Marpi land that Nekai is claiming.

Salas said he would first complete his investigation before making any recommendation to the board as to whether Nekai’s claim should be approved or rejected.

The board deferred action on the matter following Salas’ report that investigation has yet to be completed.

MPLA chair Ana Demapan-Castro denied allegations that the board would railroad the approval of Nekai’s application, saying that the matter even appeared in a public notice as part of the board meeting’s agenda.

“I’m not singling out anyone just because he’s a board member,” Demapan-Castro said.

MPLA insiders earlier raised concern about the inclusion of Nekai’s claim in the board’s agenda, alleging that the agency’s Land Claims Division has yet to conduct an investigation on the claim.

During the board meeting Tuesday, Nekai recused himself when the board tackled his claim. He, however, remained seated before the board’s conference table, but MPLA legal counsel Alan Lane said that, since the board meeting was open to the public, Nekai could also remain to witness the proceedings.

In a declaration submitted to the MPLA, Nekai said he has cultivated and used some five hectares of public land in Marpi from September 1974 to 1992.

“I have planted coconut trees, papaya trees, other permanent trees and crops, using about five hectares of public land,” Nekai’s declaration stated. He said that a certain Mr. Attao authorized him to use and cultivate the public land after the latter showed him the property in 1974.

Public Law 11-96 provides for the waiver of any requirement, limitations or regulations relating to the agricultural homesteading program in effect prior to Jan. 9, 1978. “Any person who demonstrate continuous and actual occupancy or use of public land for agricultural purposes prior to Jan. 9, 1978…shall be legally entitled to all the rights and interest of ownership of such land.”

The law also bestows the same right to claim public land on anyone who can demonstrate that he or she had continuously and actually occupied or used public land for agricultural purposes for a period of 15 years prior to Jan. 9, 1978 under certain circumstances. It mandates the Marianas Public Lands Corp.—now the MPLA—to convey public land by deed to qualified claimants who comply with procedures and requirements.