House changes land compensation priority

The House of Representatives has passed a bill that amends the land compensation priority list.

In a session Friday, the lower chamber passed House Bill 14-20, which provides that “the compensation of private lands taken by the government be prioritized based on the dates when they were taken.”

Currently, the Land Compensation Act prioritizes the payment of lands acquired for right-of-way purposes, then the lands taken for ponding basins, and lastly wetlands.

In a committee report, the House said the current priority list “is problematic because under the existing regulations, ponding basins are required to be constructed as part of road construction.”

Further, the House also clarified the provision that says that landowners shall receive just compensation based on the fair market value of the land “at the time of taking” by the Commonwealth.

The House defines the time of taking as the date when the governor or other authorized government official certifies in writing the need for the acquisition of the private land.

The changes shall apply to all pending land claims, the chamber said.

The committee report recommending the passage of the bill was signed by Reps. Claudio K. Norita, Jesus SN. Lizama, Timothy L.P. Villagomez, Arnold I. Palacios, and David M. Apatang.

The Marianas Public lands Authority, the agency that oversees the implementation of the land compensation, earlier said that changing the priority system would further delay the payment process.

The MPLA explained that it keeps separate files for each priority area.

“We’re reviewing them by files. If the law is changed, that sorting would have to be redone,” MPLA commissioner Henry S. Hofschneider said earlier.

He said the pending bill essentially aims to pay out whoever is certified first. “It’s going to be a mixture. So those roadways folders that have been reviewed may end up all the way down, and vice versa,” he had said.

The proposed amendment reportedly came after a petition by some landowners whose lands were taken for ponding basins or wetlands.

Nevertheless, he said that MPLA would merely follow what the administration or the Legislature sets out as rules. “Our responsibility is just to pay out. How we use this money is set by Legislature or the administration. If they want to do away with the priority system, it’s okay with us,” Hofschneider said.