Certified question on Mañagaha fees still under review

A certified question on a local law that requires families whose properties were taken by the government for public use to be compensated using Managaha landing fees is still under review.

Rep. John Paul Sablan (R-Saipan), chairman of the Saipan and Northern Islands Legislative Delegation, said the question is still being reviewed by the delegation’s legal counsel.

The delegation earlier moved for the creation of the certified question, which is seen as key toward resolving the longstanding issue.

The delegation also said it will soon name a lawmaker to sign off on the certified question, which will be submitted to the CNMI Supreme Court.

Saipan Local Law 18-19 mandates the Department of Public Lands to distribute $800,000 to more than 200 Saipan families. The payments will come from “landing fees” that are generated from tourists visiting Managaha Island, a prime tourist spot in the CNMI.

But the payments have been delayed because questions about the local law itself have risen, including whether these landing fees are considered land leases or fees and whether they could be used to pay for land compensations.

Moving forward
According to Sablan, he earlier sent a letter to Public Lands and the Office of the Attorney General on the matter.

One letter asked DPL to “follow the rule” and the other was to ask the attorney general to “enforce the law,” Sablan said.

“Both responded. DPL thinks [the payments are] unconstitutional, and the AG said perhaps it will be for the best interest of everyone to take the matter to the Supreme Court,” Sablan said.

He said the process on the certified question “is not an easy task and might take years.”

Rep. Ramon A. Tebuteb (Ind-Saipan) earlier said SLL 18-19 “remains a valid CNMI law,” because there is no court decision saying otherwise.

The $800,000 land compensation payments will come from $1 million in landing fees that the government, through the DPL, currently holds.

Since September 2014, the administration of Gov. Eloy S. Inos has been considering going the route of a certified question to get legal guidelines for pending judgments or obligations such as land compensations.

Gilbert Birnbrich, the former attorney general, earlier said the public law runs counter to the CNMI Constitution.

He said a certified question before the Supreme Court will put finality not only to the much-debated land compensation law but also any law and future laws that appropriates money from the Managaha landing and users fees.

It is now up to the 19th Legislature to work on the certified question.