Govt agencies, 3 others sued for alleged land taking

A landowner and a businessman filed a lawsuit yesterday against two government agencies and three persons over the alleged taking of their property without just compensation.

Venusto Mangarero and businessman Renato G. Azucenas sued the Department of Public Lands, Department of Public Works, Juan M. Tagabuel, Nick C. Sablan and his wife, Lucy Ann T. Sablan.

Mangarero and Azucenas, through counsel George L. Hasselback, sued the defendants to quiet the title of the subject property, and for unlawful taking without just compensation, and fraud.

The plaintiffs asked the Superior Court to issue a decree stating that Mangarero is the rightful owner of the portions of the property that was allegedly ostensibly transferred to Nick C. Sablan by way of the deed.

The plaintiffs also asked the court to declare that Mangarero is the rightful owner of the portions of the property conveyed to Tagabuel via court’s decree.

Hasselback demanded an order stating that any monies paid by the defunct Marianas Public Lands Authority or its successor, Department of Public Lands, for the taking of any of these properties belongs to plaintiffs.

The plaintiffs also asked for punitive damages, court costs, and attorney’s fees.

Hasselback stated in the complaint that in 1972, Mariano Rangamar Kilat passed away, leaving certain real property to his heirs that included Mangarero and his mother, Rosa Malus Elameto.

That year, a portion of the property inherited by Mangarero and Elameto was taken by the government to be used as a road.

Subsequently, in 1990, Mangarero and Elameto entered into a lease agreement with Azucenas, which gave the latter a valid leasehold interest over a portion of the property.

Hasselback said that in 1991, Nick C. Sablan induced Mangarero and Elameto (as the remaining surviving heirs of Kilat) to transfer their ownership rights over certain parcels of the property that had been taken by DPW for public use.

The lawyer said Nick C. Sablan promised to pay $275,000 to Mangarero and Elameto.

“Despite Sablan’s promise to pay, and his repeated assurances to Mangarero that he would pay, Sablan never paid the agreed-to amount in full,” he alleged.

In August 2001, Elameto passed away. Nick C. Sablan was subsequently appointed as the administrator of Kilat’s estate in 1996.

Hasselback said that in March 1997, acting in his capacity as the administrator of Kilat’s estate, Nick C. Sablan petitioned the court for a decree of partial distribution representing that Mangarero was the sole heir to Kilat’s estate and that he (Nick C. Sablan) was entitled to certain portions of the property by virtue of the deed.

The petition was granted and Nick C. Sablan was decreed the owner of these portions of the property, he said.

Hasselback said that, prior to the hearing on the decree of partial distribution, Nick C. Sablan continued to assure Mangarero that he would eventually pay the amount owed and that Mangarero should not object to the partial distribution ordered by the court.

Despite these representations, Nick C. Sablan never paid the amount owed under the deed in full to Mangarero, he said.

Subsequently, Nick C. Sablan petitioned the court for a decree of final distribution representing that Mangarero and Tagabuel were the sole heirs to Kilat’s estate, and that Tagabuel was entitled to other portions of the property.

This petition was granted and Tagabuel was decreed to be the owner of these other portions of the property.

Hasselback said that on Oct. 5, 2004, Nick C. Sablan transported Mangarero to the court for the hearing on the petition for a decree of final distribution. Just prior to the hearing, Nick C. Sablan spoke privately to Mangarero and induced him not to object to the petition and re-affirmed the promise to pay Mangarero and would give him a “blue car”, Hasselback said.

He claimed that, acting separately or in concert, the Sablans and Tagabuel, claiming valid ownership of the property, applied to MPLA to be compensated for the taking of the property by DPW for public use.

He said MPLA and its successor, DPL, have decided to compensate or have already compensated the Sablans and or Tagabuel for some of the property.

“The actions of the Sablans and Tagabuel were taken willfully and knowingly in order to divest Mangarero of his rights in the property for the express purpose of monetary gain,” Hasselback added.