Claimant awarded more than half-million dollars

A land compensation claimant stands to receive over $200,000 in interest over unpaid compensation for the government’s taking of his land 15 years ago, on top of some $365,330 that the Superior Court has already awarded him.

The $365,330 pertain to the valuation of three parcels of land with an aggregate area of 737 square meters and $299,000 as severance damage awarded by the court.

In all, Jose Ch. Camacho stands to get more than half-a-million-dollars, more than the land’s valuation in the amount of $66,330. The court had determined that severance damage and interest are appropriate considering the length of time that Camacho had to wait before being compensated.

In an order yesterday, Associate Judge David Wiseman awarded Camacho a pre-judgment interest of 3 percent, compounded annually on the $365,330 he has awarded the land compensation claimant, the computation of which is based on the date of the land taking—Dec. 26, 1990.

The judge also awarded Camacho post judgment interest of 9 percent per annum.

Wiseman noted that the pre-judgment interest he imposed was based on Camacho’s proposal, which the Marianas Public Lands Authority did not object to.

“At the trial on the issue of interest, MPLA established that land claimants seeking compensation under Public Law 13-17, as amended, are [indeed] compensated at 3 percent interest compounded annually, in addition to the appraised value at the time of the taking,” Wiseman said, quoting an MPLA pleading.

Wiseman junked MPLA’s attempt to appeal his decisions that ruled on the propriety of granting awards of compensation and interests to Camacho.

“In spite of this court’s prior order, which instructs that motions for reconsideration be supported by a showing of extraordinary circumstances which justify relief, MPLA again raises issues previously disposed by this court under the guise of a series of evidentiary objections,” the judge said.

“Similarly, MPLA again fails to provide any support, legal or otherwise for reconsideration. The lack of support for their arguments again indicates that MPLA is merely expressing its displeasure with the court’s order. Such displeasure alone is insufficient to support a motion to reconsider,” he added.

Earlier this year, the court granted summary judgment in favor of Camacho, whose three parcels of land the government expropriated for public purpose.

Wiseman cited a constitutional provision, saying that where the government requires a land owner to suffer permanent physical invasion of his property, however minor, the government must provide just compensation.

Court records showed that the MPLA’s predecessor agency, the Marianas Public Lands Corp., had agreed to compensate Camacho.