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Terms Used In 21 Guam Code Ann. § 15105

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
(a) The power of Eminent Domain may be exercised by the government of Guam upon authorization and appropriation by the Guam Legislature of funds necessary for payment of just compensation. Such power shall be exercised by the Governor of Guam

(b) The power of Eminent Domain may also be exercised by the government of Guam upon authorization and appropriation of funds by the Congress of the United States for public use within Guam. An appropriation by the Congress of the United States for a specific public use and corresponding authorization by the Guam Legislature via duly enacted legislation shall be deemed to authorize the acquisition by condemnation or otherwise of private property for such use.

SOURCE: CCP § 1239. Amended by P.L. 29-113:VI:70 (Sept. 30, 2008).

NOTE: See Government of Guam v. Moylan (1969) 407 F.2d. 567.