Estate files just compensation lawsuit vs govt

An estate has filed a lawsuit seeking “just compensation” from the CNMI government over the alleged taking of its land on Saipan containing 14,500 sq.m.

The estate of Jose Celis-Camacho, through its administrator Francisco O. Camacho, also sued Simion O. Camacho, LB Guam Opportunity LLC, Annie Deleon Guerrero Waki, formerly known as Anna Deleon Guerrero Little, to clear the title of the subject land.

The Camacho estate asked the Superior Court to declare that it is entitled to “just compensation” for the fair market value of the land, including interest.

The estate requested the court to issue an order quieting the title of the 14,561 sq.m. of land in plaintiff’s name.

According to the complaint filed on Wednesday by Attorney Brien Sers Nicholas, counsel for the estate, in 1953 the then Trust Territory of the Pacific Islands issued to plaintiff a determination of ownership.

Nicholas said his client was determined to be the owner of a real property containing 2.7 hectares of land.

Nicholas said that in 1973 Jose Camacho conveyed by a deed of gift to one of his sons, namely Simion Camacho the 2.7 hectares of land.

In May 1980, the CNMI government finally issued a certificate of title in plaintiff’s name to the lots showing that the property to contain an area of 41,561 sq.m.

Nicholas said that in October 1980, Simion Camacho attempted to convey the whole 41,561 sq.m. of lots to his children by way of a deed of gift.

“Plaintiff did not, at no time during his lifetime, ever conveyed the additional 14,561 sq.m. to Simion and therefore, Simion had no right to convey 14,501 square meters to his children,” he asserted.

Nicholas said that in Nov. 1982 and for unknown reasons, the government canceled the original certificate of title issued in the name of plaintiff.

The government, he said, issued a new certificate of title in the name of Simion’s children to the whole lots containing an area of 41,561 sq.m..

“CNMI’s cancellation of the original certificate of title in the name of plaintiff and its issuance of a new certificate of title in the names of Simion’s children had no basis in law and in fact,” the lawyer said.

Nicholas said that in September 1987, purporting to be the owners of the whole 41,561 sq.m. lots, Simion’s children leased the property to Nansay Micronesia Inc.

On the same date, he said, the children then executed a warranty deed with assignment of lease in favor of Waki to the same property.

Pursuant to the foregoing, Waki is the holder of the fee simple interests to the same as well, Nicholas said.

Pursuant to a court-authorized sale in the court action “LB Guam Micronesia LLC vs. Nansay Corp.”, LB Guam is now the holder of the leasehold interests to the properties, he said.

“CNMI’s issuance of a new certificate of title in the names of Simion’s children did not divest in any way plaintiff’s interests, ownerships, rights, and titles to said 14,561 sq.m.,” he said.

“Neither LB nor Waki have any interest, ownerships, rights or titles, leasehold, or fee simple to said additional 14,561 sq.m. as the same is still the property of plaintiff,” he said,

Nicholas added that the cancellation of the original certificate of title and the subsequent issuance of a new certificate of title in the names of Simion’s children constitutes “constitutional taking.”