‘Consolidate village, agricultural homestead programs for 3 islands’

Corina L. Magofna

The Senate Committee on Resources, Economic Development & Programs & Gaming finds it necessary to combine the village homestead provisions for Rota, Tinian, and Saipan. The committee, chaired by Sen. Corina L. Magofna (Ind-Saipan), also deems it necessary to include agricultural homestead provisions for Saipan that’s similar to Rota and Tinian.

The committee issued a report last week that recommends support for the passage of Senate Bill 23-17, which will consolidate the village and agricultural homestead programs for Rota, Tinian, and Saipan. The legislation’s intent is to amend certain statutory provisions of the village and agricultural homestead to uniformly apply to Rota, Tinian, and Saipan.

The proposed legislation also seeks to clarify the permitting process once an eligible applicant has been approved and issued a homestead lot by the Department of Public Lands.

The committee agrees that it is not necessary to amend the provisions pertaining to the Northern Islands village and agricultural program.

The Commonwealth Code mandates the village homestead program for all three senatorial districts, yet it also provides for the Rota Village Homestead Reservation Act and for the Tinian Agricultural and Village Homesteads.

Sen. Francisco Q. Cruz (R-Tinian) introduced the legislation last Feb. 2 and it was subsequently referred to the Senate Standing Committee on REDPG for disposition.

Cruz filed a similar legislation during the previous 21st and 22nd Legislature. The Senate passed the bill, but the House Committee on Natural Resources did not act on it.

DPL is mandated to designate certain portions of public lands for a homestead program in the CNMI, pursuant to the NMI Constitution. An individual seeking to avail of the homestead program may be issued one agricultural and one village homestead lot if the applicant does not have interest in land at the time of applying.

Upon approval and issuance of the homestead permit, current regulations require eligible applicants, or homesteaders, to comply with a three-year permit period, during which a homesteader shall enter, use and improve the lot within 120 days; build a single family residence within two years; start to reside in the issued homestead no later than the end of the second year; and continually reside throughout the third year.

According to the committee’s report, major concerns have been raised regarding the revocation of lots during the three-year period due to the homesteader’s acquisition of land through marriage; recipient of a deed of land by a parent or an estate; or purchase of affordable real property after the issuance of a homestead permit, despite the homesteaders’ compliance as required under the NMI Administrative Code.

The committee said it is evident that DPL determines whether the applicant has an existing interest in land at the time of approval rather than basing it on interest in land that may occur in the future.

The committee finds that revoking a permit during the three-year period because the applicant acquired an interest in land during the three-year period is contrary to DPL’s regulation, is unfair, and is unjustified.

The committee said it finds it necessary to prohibit DPL from revoking permits after it is approved, regardless of whether the applicant acquires an interest in land after the time the permit is approved.