Land compensation, anybody?

Land compensation has been a longstanding issue for decades. It’s private land acquired by the government for various public purposes. While some have been justly compensated (including some unjustly cases), there’s an outstanding 300 unresolved claims.

The cumulative debt of $100 million is still owed landowners. Given the fiscal impotence of the NMI there’s a fat chance final settlement is anywhere in sight.

Nonetheless, land compensation was exploited and corrupted politically. It granted settlement to those with connections, including an incredibly ludicrous award for wetland of some $2.7 million. This is one egregious case surrounded by sheer corruption.

It started with an appraisal valuating the wetland as if it were prime land. The board accepted it and delivered the check forthwith! My personal estimate of the property was nothing more than $50K. The balance could have paid for other settlements waiting in line.

Then came the request from impeached former governor Benigno R. Fitial that I pay his cousin over $300,000. It boils down to the combined use of exploitation and corruption to settle an issue “because his family is going to help me.” Fitial subsequently ran for re-election. He mutilated or shredded integrity beyond recognition.

It’s all about greed and the abuse of power. Glad the payment didn’t come out of the “segregated” funds of DPL. But why would he ignore the plight of the rest who equally deserve fair compensation?

This was the defining moment in my decision to leave after Fitial’s first term. He was persistent in his statist dictates where I honestly quiz if the Fitial I used to know is the same person.

It pays to know your constitutional obligations. I do. Fitial thinks he does but is equally sleek and corrupt in his ways, chanting “let’s do it right” while doing the complete opposite. Subsequently, I came to see raw abuse of political power by a greedy politician who’s lost his true north, suffocating the helpless who equally deserves fair compensation.

It was woefully difficult making Fitial understand the constitutional roles and functions of the department. While Public Law 50-2 transferred it to the Executive Branch, the governing policies remain constitutional. He simply ignored the supremacy of laws. Since when could local law trump the strength of constitutional law? So much for his often-repeated mantra, “Let’s do it right.” About the only thing right was my resignation! I wasn’t ready to compromise the rights of the indigenous people in the lease funds of their land.

There were difficult situational issues relating to land compensation. For instance, a family with legitimate claims would ask for partial payment for catastrophic family emergencies. It had to be denied until the entire nine yards is settled. It’s a decision that ripped me apart given the trauma of emotional roller coaster families had to endure in the impending loss of loved ones. Legitimate their claims may be, nothing is paid until full settlement is reached.

The delay in settlement is usually caused by familial indecisions on a court-appointed administrator or lack of a unified decision on the mode of compensation: money or land or some of both. It’s always good to ensure familial agreement in land compensation cases. This is especially vital when there are funds available for final settlement. There’s no room for a family feud. Leave that on your TV screen or Channel 59.

Interference in land leases

It’s hard navigating and holding on to integrity so mandated by the Constitution while listening to career politicians who’ve learned to game the system. It’s the right of the indigenous public landowners crashing against the boss’ interest to grant as much tax breaks to his cherry-picked investors. It’s another of those hard-learned lessons dealing with the Laulau Bay Development.

Fitial and Inos made sure the firm was granted over $26 million in tax breaks under the qualifying certificate or QC. I was instructed to forgive the cost of appraisal ($30K) and even signed a guarantee so Kumho could use the public land as collateral for a $2 million loan from the Micronesian Development Bank to furnish the new hotel.

The issue is the dire need to revisit the QC law to figure out whether the public landowners aren’t shortchanged in the lease of their property, cut in every corner with taxes handed down a silver platter by politicians. The danger of shoving aside DPL’s constitutional roles and functions is the surest way to screw the indigenous landowners of deserving fees from land leases. The firm took the tax break, made off with everything it could, then sold the property to another firm.

I’m sure the firm made millions while we walk home with breadcrumbs. Wasn’t there a reason DPL was given constitutional mandate? Wasn’t it to protect indigenous landowners from greedy and mindless politicians like we’ve seen in recent past? Despicable!

Landownership outside Article 12

Can you own land in spite of restrictions under Article 12?

Definitely!

It’s called inheritance, i.e., you were given a piece of property by your parents or landowner. Would you dare contest this issue? Nah! It’s a waste of time.

The other is through adoption but you would have to be taken in by your new parents while you’re below the age of 18. You’re as good as the original genes. It’s ludicrous to adopt the kid then disown him/her. Isn’t it the goal to bring this person into the family fold?

Would contest the foundation that sets this kid on the right track to becoming a productive member of our community? Nah! Let’s work in harmony.

Now, where does land go when a childless couple dies without disposing of their property? You need to see counsel familiar with indigenous land tenure system for an answer.