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Land taking fight, now on 19th year, reaches high court
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Posted on Mar 16 2012
»Govt owes Mangabao heirs $15.8M
By Ferdie de la Torre
Reporter
Reporter
The legal fight of the heirs of Maria Mangabao over the government’s taking of their land in Chalan Kiya in 1993 has now reached the CNMI Supreme Court.
The heirs claimed that until now they have not received a single penny despite a court order. They said the government now owes them $15.8 million, including interest rate at $2,800 daily.
Attorney Edward C. Arriola, who served as counsel for the heirs in their appeal, told the Supreme Court yesterday that the heirs have been deprived of their constitutional right to just compensation.
“March 31 this year marks 19 long years of deprivation of their rights for just compensation,” Arriola said.
Assistant attorney general Michael Stanker, counsel for the government, cited a CNMI law that says the judgment may only be paid if the Legislature specifically appropriates money for it. He said the Legislature has failed to do so up to now.
In an interview after the hearing, Arriola said the court has already adjudicated the case, yet despite a court order in which the government consented to the amount, it still refuses to pay the compensation.
“The issue on appeal is this: Which is the supreme law of the land-the Constitution or the statute? And I think the court really understands that the supreme law of the land is the Constitution,” Arriola said.
He said that, although there has been no discussion with the government on this, the heirs are willing to accept land exchange value for value.
According to court records, the government and the heirs have stipulated to the taking of land consisting of over 6,000 square meters in 1993 and a judgment of $4,196,524.
In 2009, Superior Court Presiding Judge Robert Naraja found the government liable to pay $11.4 million to the heirs over the land taking.
In March 2011, Naraja ruled that while the court can adjudicate disputes between private parties and the government, only the Legislature can appropriate funds to satisfy judgments like these, which it has not done.
“Accordingly, the court’s hands are tied,” Naraja said.
The ruling prompted the heirs to appeal.
