Three-year homestead deadline redefined

The government is now prohibited from revoking homestead permits after three years if the area lacks basic infrastructure such as water, power, and sewerage systems.

This after Gov. Juan N. Babauta signed into law House Bill 14-206, now Public Law 14-43, which mandates that the Marianas Public Lands Authority shall not revoke a homestead permit if the mentioned infrastructure is “not extended to the homestead within a reasonable period before the end of three years.”

Babauta, however, noted that the phrase “reasonable time” needs to be defined and suggested that the Legislature correct this in a subsequent legislation.

“Since most extensions are granted on the basis of a lack of public water, electrical power and sewer services, the words ‘reasonable time’ may be subject to some dispute,” he said in a letter to Senate President Joaquin G. Adriano and House Speaker Benigno R. Fitial. “Accordingly, I urge the Legislature to introduce subsequent legislation that defines a ‘reasonable time’ or specifically gives MPLA the authority to issue regulations that articulate the factors to be used in determining what constitutes a ‘reasonable time.’”

Further, Babauta recommended that MPLA and the Commonwealth Utilities Corp. collaborate to “ensure that proper infrastructure is put in place within a reasonable period” to allow homestead permit holders to fully utilize their lots. He also recommended that MPLA not release any homestead lot unless sufficient infrastructure is in place.

The previous law gave homesteaders only three years to develop and reside in the lot without any consideration for the availability of electrical power, water or sewer services. If the homesteader fails to build a home within the required period, the government can take back the lot.

Earlier, the House Committee on Natural Resources, chaired by Rep. Janet Maratita, who authored the bill, said that homesteaders who are not provided these basic services end up bearing the additional costs of hauling and storing water and providing their own source of light such as generators, candles, and lanterns.

Additionally, they have to meet requirements set by the Division of Environmental Quality for constructing septic tanks and leaching fields.

“I would like to thank the governor for seeing the need to sign this bill and members of 14th legislature for the support,” Maratita said yesterday. “It was brought to my attention from many homesteaders for the need to be given ample time frame for the opportunity build their houses. I wish to help the families in giving them ample time to build their houses without having to fear losing their homestead. I believe this will help most of the families in the CNMI.”