21 Guam Code Ann. § 80104
Terms Used In 21 Guam Code Ann. § 80104
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) Original Landowners Registry. The Original Landowners Registry is a listing of all lands taken under the names of owners of record at the time of taking whose properties were confiscated or condemned by the United States of America, or by the government of Guam on or after January
1, 1930, as well as other pertinent location and ownership information in relation to the property. The Original Landowners Registry shall be used for the purpose of confirming an applicant’s property claim, for future
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extinguishment upon receipt of just compensation, as defined by this Chapter.
(2) Excess Lands Registry. The Excess Lands Registry is a listing of all lands that have been declared excess by the Federal government or the government of Guam, including all lands that may be declared excess in the future by the government of Guam. The Excess Lands Registry shall be used for the purpose of identifying a specified lot or lots of land with which the Commission may use as just compensation in extinguishing ancestral claims.
(3) Claims Registry. The Claims Registry is a listing of all claims to ancestral title filed by applicants.
(4) Conditional Awards Registry. The Conditional Awards Registry is a listing of conditional awards of just compensation.
(5) Ancestral Title Registry. The Ancestral Title Registry is a listing of applicants granted land title in return for the surrender of all their ancestral property claims.
(b) Duties of Commission. In establishing all five (5) registries established in this Section,
(1) the Commission or designated staff shall investigate, record, file, report and respond to requests by ancestral land claimants for remedy, including government of Guam, whose land was taken by the United States or by the government of Guam on or after January 1, 1930. Remedy includes just compensation, as defined in § 80101 of this Act, which for purposes of this Chapter is defined as limited to the return of land or access to landlocked lots across public lands, if public lands block access to private property.
(2) The Commission shall establish, in accordance with the Administrative Adjudication Law, written procedures for extinguishment of Claims, award of just compensation and recordation of Ancestral Land Title, as well as other rules and regulations required to administer this Chapter.
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(3) The Commission shall promulgate rules and regulations to administer the Commission’s functions in a fair, just, economical and expedient way, and shall establish fees and specify materials reasonably required to accompany applications in order to extinguish a claim in favor of a just compensation award.
(c) Four (4) Step Process for Extinguishment of Claims, Award of Just Compensation, and Recordation of Ancestral Land Title. The following four (4) step process shall be detailed within appropriate written procedures and rules and regulations to be prescribed by the Commission.
Step 1: Filing of Ancestral Claim B Applicant in this first step submits an application to the Commission containing applicant’s assertion that applicant and others, if any, hold ancestral title in relation to a specified lot of land by virtue of inheritance. Based upon the information provided, the Commission shall make a determination if in fact a valid basis for an ancestral title claim exists. The ancestral title claim shall then be entered in the Claims Registry. The Claims Registry shall contain the information required to be entered, as established by the Commission by rules and regulations. The Commission must accept an application for determination of claim, provided the following minimum information is given:
(1) date on which application was submitted to the
Commission;
(2) whether the application was submitted to the Commission, or Commission’s designee, and the name of the Commission or designee;
(3) name and address for service of notification to the person(s) who is the claimant (This is the person who shall be the registered ancestral title claimant.);
(4) the area of land covered by the claim, including property descriptions and maps;
(5) description of the persons who it is claimed hold the ancestral title; and
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(6) other details about the claim as the Commission may deem appropriate.
The Claims Registry may be inspected by any member of the public during normal business hours. No part of the Claims Registry are to be kept confidential from the public.
The Commission must ensure that the Claims Registry is kept updated with details of any claims contained in applications given to the Commission, or of any application for amendments to a claim after a determination.
Step 2: Ancestral Title and Compensation Application. An applicant may exercise applicant’s right to extinguish an ancestral claim by submitting an application to the Commission for a determination of a conditional title and compensation award. An applicant may submit an application in prescribed form for any of the following three (3) categories defined:
Category 1: Ancestral Title Determination B for a determination of ancestral title in relation to an area for which there is no approved determination of ancestral title;
Category 2: Compensation Application. This Chapter sets forth two (2) forms of compensation for future title claims which shall be either the return of original ancestral land, or just compensation, as defined in § 80101 of this Act, based upon mutually satisfactory negotiations between the government and the applicant. Before relinquishment of exchange land the Commission shall certify that the exchange lands show no history of ancestral ownership or ancestral ownership claim on or after January 1, 1930.
The Commission must accept an ancestral title and compensation application provided the following requirements are met by the claimants:
(1) that the kind of application falls within the three
(3) categories defined above;
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(2) is in the prescribed form, as established by the
Commission;
(3) contains the information required and as prescribed in relation to the matters sought to be determined;
(4) provide accompanying documents at the very minimum of which include:
(A) a sworn affidavit that the applicant:
(i) believes that ancestral title has not been extinguished in relation to any part of the land claimed; and
(ii) believes that all of the statements made in the application are true;
(B) a statement containing all information known to the applicant about interests in relation to any of the land or waters concerned that are held by persons other than as ancestral title holders;
(C) a description and map of the area over which the ancestral title is claimed;
(D) evidence of heirship;
(E) name and address of the person who is to be considered the claimant (The name of the person given under this item will become the registered ancestral title claimant.); and
(5) all accompanying fees as prescribed by the
Commission.
Step 3: Conditional Award of Just Compensation. In awarding ancestral title and just compensation, the Commission shall issue a Certification of Award of Just Compensation on Condition of Extinguishment of Ancestral Title Claim. The Certification of Award of Just Compensation shall be entered into the Conditional Awards Registry. The Conditional Awards Registry shall contain as much of the information in relation to each determination as must be
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entered into the Register, at a minimum of which shall consist of:
(1) name of the Commission or designee that made the determination;
(2) date on which the determination was made;
(3) area, location, and description of specific land covered by the determination;
(4) the matters determined; and
(5) other details about the determination or decision as the Commission deems appropriate.
The Conditional Awards Registry shall be made available for the public’s inspection during normal business hours.
Step 4: Extinguishment of Ancestral Land Claim B An ancestral land claimant is granted claimant’s land title either by land exchange or land recovery on the condition that the ancestral title holder surrenders all rights and interests in relation to ancestral land claims thereby permanently extinguishing all rights, interests and claims to the claims. Upon the Commission’s issuance of title by an award of just compensation and extinguishment of claims, the ancestral title holder’s name is removed from the Conditional Awards Registry, and is entered into the Ancestral Lands Title Register by the Commission. The Commission shall prescribe the appropriate form to effectuate issuance of compensation and extinguishment of ancestral claim. The Commission shall ensure that the ancestral title holder is issued a suitable property conveyance deed in full satisfaction of ancestral title holder’s ancestral title award. Once listed as ancestral title holder after acceptance of specifically described land, the holder and all of holder’s heirs, successors and assigns, and those who may assert subsequent claims derived from the holder, are forever barred from reentry into the Claims Registry.
(d) Director of Land Management to Reserve All Future Lands
Received by Government of Guam Declared Excess for Entry into
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Excess Lands Registry. For the purposes of administering this Section, the Director of Land Management is authorized and required to reserve all future lands received by the government of Guam declared excess, and ensure that all information pertaining to excess lands, both current and future, are sent to the Commission for entry into the Excess Lands Registry. The Commission shall maintain and give the public the right to review the Excess Lands Registry.
(e) Land Bank. The Commission shall take title, as Trustees, of former Spanish Crown Lands and other non-ancestral lands that are conveyed by the Federal government to the government of Guam after the effective date of this Act, on behalf of ancestral landowners who, by virtue of continued government or public benefit use cannot regain possession or title to their ancestral lands.
The Commission shall establish a Guam-based trust to administer all assets and revenues of the land bank of the aforementioned lands and manage the lands, and act as the developer of the lands, if necessary, to the highest and best use. The Commission shall establish rules and regulations pursuant to the Administration Adjudication Law for the Guam-based trust. The resulting income shall be used to provide just compensation for those dispossessed ancestral landowners.
(f) Notification of Extinguishment of Ancestral Claims. The Commission shall ensure that all parties whose interests may be affected in the extinguishment of an ancestral claim are notified in writing, if at all possible, and through public notice in a Guam newspaper of general circulation.
(g) Appeal Through Judicial Process. If disputes arise from an application which cannot be resolved by the Commission, then any of the opposing parties may invoke the judicial process at the party’s expense.
(h) Guam Ancestral Lands Commission Survey, Infrastructure, and Development Fund.
(1) The Guam Ancestral Lands Commission shall create a special fund called the Guam Ancestral Lands Commission Survey, Infrastructure, and Development Fund (Fund), which
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shall be maintained separate and apart from any other funds, and shall not be subject to the transfer authority of I Maga’låhen Guåhan.
(2) Notwithstanding any other provision of law requiring the deposit of proceeds to other funds, the Fund shall receive the net proceeds of all leases of Apra Harbor Reservation F-12 and Parcel N14-1 (the Polaris Point parcels) under the jurisdiction of the Guam Ancestral Lands Commission.
(3) The Fund shall be used for the surveying and mapping, purchase and installation of infrastructure, including paved access roads and commercial development, of Guam Ancestral Lands Commission properties, and for the administrative, operational, and financial support of these efforts.
(4) The Commission shall submit a report on a semi- annual basis to the Speaker of I Liheslaturan Guåhan of the revenues collected and expended from the Fund, and post the same on the website of the Guam Ancestral Lands Commission. The Fund shall be subject to audit by the Guam Public Auditor.
SOURCE: Added by P.L. 25-045:3 (June 9, 1999). Subsection (c) repealed and reenacted by P.L. 25-178:4 (Jan. 3, 2001). Subsection (h) added by P.L. 34-108:2 ( June 5, 2018).
2017 NOTE: Subitem designations altered pursuant to the authority of 1
GCA § 1606.