Malite estate’s compensation claim not time-barred

Superior Court Associate Judge Juan T. Lizama yesterday ruled that the Malite estate’s land compensation claim is not barred by the statute of limitations.

Lizama said the Malite estate submitted its claim in 2004, which is within the time period for claim submissions.

Lizama said the plain language of the Land Compensation Act reads: “This Act shall apply to land compensation claims against the Commonwealth government submitted to the Marianas Public Land Corp., or its successor agency, on or after Jan. 1, 1990.”

The act says nothing about the time frame in which the claim must have originated; it simply refers to claims submitted to the Marianas Public Lands Authority after 1990, said the judge in denying Attorney General Pamela Brown’s motion for summary judgment.

Lizama said he is not convinced that the Act was intended merely for right-of-way purposes, although these purposes may take priority.

He cited that the plain language of the statute states that the MPLA “shall compensate the acquisition of private lands for right of way purposes…and other claims involving private land acquisition.”

The government, Lizama pointed out, has not shown that the Malite estate’s claim fails to fall into the category of “other claims involving private land acquisition.”

Lizama said he is not of the opinion that 1990 is the cut-off date for compensable takings.

Brown sued MPLA, its directors and the Malite estate to prevent payment to the Malite estate $3.4 million in land compensation which she described as “a spurious claim.”

Court records show that in 1978, the Trial Court of the Trust Territory of the Pacific Islands awarded the government a 1.7-acre plot of land formerly belonging to Angel Malite.

As compensation for this act of eminent domain, the TTC set aside $3,682. The Malite estate was not probated until 1997. None of the $3,682 was ever distributed to the Malite heirs. The location of these funds remains a mystery.

In 2004, the estate applied with the MPLA for compensation. In August 2004, MPLA approved but did not disburse an award of $3.45 million.

Brown filed the lawsuit.

The government and the estate filed cross-motions for summary judgment. Lizama denied both motions.

As to the amount of compensation issue, Lizama deferred to rule, but reiterated the sentiment he expressed in earlier ruling that the date forming the basis of the MPLA appraisal, Aug. 30, 1991, wss inappropriate.

The judge added that he will consider the merits of TTC compensation award if and when the estate’s claim is made in the proper forum.

Lizama reiterated the need for the Malite estate to file an action that is separate from both Brown’s lawsuit and the probate action.