$3.4M settlement of Maliti estate claim OK’d

Superior Court Associate Judge Juan T. Lizama yesterday approved an agreement that would settle for $3.4 million the land compensation claim of the estate of Angel Maliti.

Lizama found “fair and equitable” the settlement agreement that was entered into by the counsel for the Maliti estate and its heirs and the CNMI government.

Assistant attorney general Jeanne H. Rayphand and acting Public Lands director John P. Del Rosario signed the settlement agreement and the stipulation for entry of judgment.

Lizama said the estate shall be paid $3.45 million from the Land Compensation Fund as payment for a tract of real property in Susupe consisting of 6,900 square meters.

The judge said the amount shall be paid into the Superior Court until an order of distribution and the approval of attorneys’ fees and costs is entered in the Maliti estate case.

Then Attorney General Pamela Brown had sued the Maliti estate, the defunct Marianas Public Lands Authority and its directors on Dec. 3, 2004, to prevent the payment of $3.45 million to the estate as land compensation, which she had described as “a spurious claim.”

The current agreement said that, in addition to Brown’s claims, the heirs of Angel Maliti have land compensation claims for land taken for rights-of-way and other public purposes in Chalan Kiya and Susupe.

The parties stated that it is their intent that all claims set forth in Brown’s lawsuit, as well as any and all other claims of the heirs of the Maliti estate for land compensation for lands in Chalan Kiya and Susupe, be finally resolved and settled.

The Susupe property was taken for the public purpose of providing right-of-way access and grounds for Marianas High School.

The parties agreed that upon payment, the heirs and the Maliti estate shall forever release and discharge the CNMI government and all its agencies from any or all claims for any governmental taking of lands which were acquired or held by Maliti.

The lands include certain right of way presently used as a public road, Texas Road, consisting of 3,342 square meters, the parties said.

Court records show that in 1978, the Trial Court of the Trust Territory of the Pacific Islands awarded the government a 1.7 acre land that formerly belonged to Angel Maliti.

As compensation for this act of eminent domain, the TTC set aside $3,682. The Maliti estate was not probated until 1997. None of the $3,682 was ever distributed to the Maliti heirs. The location of these funds remains a mystery.

In 2004, the Maliti estate applied with the MPLA for compensation.