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‘NMI’s careless disregard for landowners’ rights is shocking’
Judge states CNMI has made habit of taking land and attempting to refuse to pay people
The CNMI has made a habit of taking land from people and attempting to refuse to pay these people just compensation, according to Superior Court Associate Judge Kenneth L. Govendo.
Or, as in some cases, the CNMI “simply stalls for years, dragging its feet before paying it,” he said.
And it’s not just the CNMI government. Govendo said the Commonwealth Utilities Corp.’s careless disregard for landowners’ rights is shocking and offends the rights of Northern Marianas people.
The judge discussed these matters in a recent order denying the CNMI’s motion for summary judgment in connection with a lawsuit filed by landowner Conrad M. Sablan against CUC and the CNMI government for allegedly putting up a water tank and fences on his land in Rapugao, without compensating him.
Sablan, through counsel Brien Sers Nicholas, is suing CUC for trespassing and against CUC and the CNMI for taking his property without just compensation.
He wants CUC held liable to pay him an unspecified amount of damages, attorney’s fees, and court costs.
Sablan found out in 2013 that CUC had built a water tank, commonly referred to as the Maui IV Water Tank, on his land. The tank was built in March 1992.
Sablan further discovered that CUC also built wire fences that prevent him from being able to access his other property.
Last Jan. 30, the CNMI filed a motion for summary judgment. The CNMI made the motion after taking the depositions of Sablan and all proposed witnesses.
The CNMI, through assistant attorney general Christopher M. Timmons, argued that there was no allegation of a direct taking by the CNMI in Sablan’s complaint, the CNMI is not liable for CUC’s actions, and that CUC has taken title to the lot by adverse possession.
CUC, through lawyer James Sirok, joined the CNMI’s motion for summary judgment on the government’s argument that CUC acquired constructive title by adverse possession of the portion of real property where CUC built and used the Maui IV Water Tank.
In denying the motion, Govendo concluded that Sablan has put forth sufficient allegations that the CNMI government potentially authorized the construction of the Maui IV Water Tank and fences.
“Whether or not it did so is a genuine issue of material fact to be determined at a trial,” the judge said.
The bench trial in Sablan’s lawsuit was supposed to start last Monday. The trial was put off to today because a party filed a motion to intervene, Saipan Tribune learned.
Govendo found that CUC is a part of the CNMI government for purposes of Sablan’s lawsuit.
Finally, Govendo cited that Article 13 of the CNMI Constitution makes it clear that “private property may not be taken without just compensation.”
While other jurisdictions may find differently, Govendo said the CNMI is a unique jurisdiction that affords unique rights to its indigenous people.
“Private citizens’ land rights must be protected, particularly in the CNMI, where landownership is of special importance to the culture and people,” he said.
He ruled that the CNMI government is not able to gain title to private CNMI citizens’ lands through adverse possession.
Govendo said the staggering amount of land compensation cases in the CNMI demonstrates the government’s laissez-faire attitude toward private landownership rights.
“This new argument of adverse possession is simply another example of the CNMI, once again, trying to circumvent its duties under the CNMI Constitution and take away land from private landowners in the CNMI without providing just compensation. The CNMI government has gotten away with these evasion tactics for a long time,” said Govendo, adding that he finds that allowing the government to adversely possess land in the CNMI will dilute Article 13 of the CNMI Constitution.
Govendo said he is particularly disturbed after reading the depositions provided by Sablan.
He noted that former CUC deputy director Timothy Villagomez testified under oath at deposition that utility projects were strategically located without regard to landownership and that it was not CUC’s practice to seek approval from anyone before putting up improvements.
Govendo said CUC directors stated that CUC simply starts building its projects on the land it finds most suitable, and will only stop if a landowner takes issue with the project or some other reason forces construction to stop.
Govendo said Sablan has testified that the land at issue is difficult to navigate due to rocky terrain, and thus, he does not use the land for much except to occasionally collect coconuts and fruits.
The judge said Sablan should not lose his rights to his family land—for nothing—because the CNMI and/or CUC did not think to inquire about the land it decided to build a million-gallon water tank on.
