Act amending Chapter 62 of Title 21 of the Guam Code (P.L. 27-118)

I MINA’BENTE SIETE NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68372.htm[15.01.2025 17:38:05] Public Law 27-118 I MINA’BENTE SIETE NA LIHESLATURAN GUÅHAN 2004 (SECOND) Regular Session Bill No. 293 (COR) As amended by the Committee on Utilities and Land, and further amended on the Floor. Introduced by: v. c. pangelinan Carmen Fernandez Toni Sanford F. B. Aguon, Jr. J. M.S. Brown F. R. Cunliffe Mark Forbes L. F. Kasperbauer R. Klitzkie L. A. Leon Guerrero J. A. Lujan T. R. Muña Barnes J. M. Quinata R. J. Respicio Ray Tenorio AN ACT TO CLARIFY THE EASEMENT RIGHTS AND OBLIGATIONS OF SUBDIVISION PROPERTY OWNERS AND THE PUBLIC BY ADDING A NEW §62112 AND AMENDING §62207 OF CHAPTER 62 OF TITLE 21, GUAM CODE ANNOTATED. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings and Intent. I Liheslaturan Guåhan finds that the intent of the subdivision law of Guam is to provide for the orderly growth and harmonious development of the island; to ensure adequate traffic circulation through coordinated streets, roadways, and highway systems; to secure adequate provisions for power, water supply, drainage, sanitary sewerage, and other health requirements, and to provide conveyance of land by accurate legal description. I Liheslaturan Guåhan also finds that a lack of clarity in the subdivision laws of Guam has led to litigation and disputes among property owners over areas designated as public access and utility easements. In order to clarify the rights and obligations relative to public access and utility easements and thereby resolve a possible source of conflict among neighbors, a new section must be added to the subdivision law of Guam. Section 2. Enactment. A new §62112 is hereby added to Chapter 62, Title 21, Guam Code Annotated, as follows: “§62112. Public Rights of Way. (a) The public shall have the right to pass unhindered over a Public Right of Way. For the purposes of this Chapter, a Public Right of Way includes (1) easements for roadways created by law or operation of law; (2) those subdivision easements, access, or rights of way created by delineation on approved maps, way of formal grants or dedication of easement, access, or right of way, regardless of formal acceptance by the government; and (3) those rights of way mandated by the Subdivision Law within a subdivision or lot parceling which appear on an approved final subdivision or lot parceling map as dedicated easements, dedicated access, rights of way, or roadways. (b) The signature of the owner and approval of the Department of Land Management on a final subdivision or lot parceling map delineating an easement, access, roadway, or right of way, thereby grants to the public the right to pass unhindered over that public right of way. (c) The Department of Public Works shall have oversight responsibility for the development of public rights of way through the Highway Encroachment permitting process. However, such oversight responsibility notwithstanding, the Government of Guam shall in no way be encumbered to develop this roadway. The obligation to develop the roadway shall remain with the subdivider as provided in §62501 of this Chapter. (d) A public right of way serves the public and all the landowners whose properties abut the easement, and the subdivider shall in no way retain special property rights that would allow him to encroach upon, obstruct, I MINA’BENTE SIETE NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68372.htm[15.01.2025 17:38:05] place obstructions upon, hinder passage over, place signs upon, or hinder maintenance of the public right of way. (e) The subdivider shall in no way retain special property rights that would allow him to charge fees for passage or otherwise, that would allow him to prohibit, and therefore, discriminate against, any member of the public from using the public right of way. (f) The subdivider shall in no way retain special property rights that would allow him to grade, change water courses upon, or modify the topography and roadway elevation of the public right of way without the prior written authorization from the Department of Public Works. (g) The subdivider shall in no way retain special property rights that would allow him to use any portion of the public right of way to meet set-back or other zoning requirements. (h) In subdivisions approved since 1975 where the subdivider has not opened, improved, or established a public access road, any landowner whose property is served by the public right of way may, with the express written authorization of the Department of Public Works, take necessary and reasonable measures to make the public right of way passable for ingress and egress to his property. The subdivider shall in no way retain special property rights that would allow him to obstruct the lawful development of this public right of way. (i) In subdivisions where the subdivider or the government has not maintained the public right of way, any landowner whose property is served by that right of way may take the necessary and reasonable measures to maintain that portion of the easement that immediately abuts his property. Reasonable maintenance is herein defined as cutting brush, mowing vegetation, filling potholes, and removing rocks and other obstructions to passage; it does not include grading or otherwise changing the topography or elevation of the roadway.” Section 3. §62207 of Chapter 62, Title 21, Guam Code Annotated is hereby amended as follows: “§62207. Reversion to Acreage, Maps and Plats. When a reversion to acreage is made, no tentative plans shall be required. The subdivider shall prepare a final map showing the existing subdivision and the original parcel or parcels which shall result from the reversion. No engineering plans shall be required. Upon approval of the final map, the map may be completed and submitted as a record plat. No as-built surveys shall be required. The plat shall be clearly marked reversion to acreage and any variance from the requirements of a subdivision record plat shall be as determined by the Commission. The fee or other interest in any subdivision improvements, easements or road rights of way within the perimeter of the subdivision which has been dedicated to the government may be quitclaimed to the subdivider at the discretion of the government, upon recorded written consent of all landowners adjacent to the easement or road right of way and the Director of Land Management.” Section 4. Severability. If any provision of this Law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or application, and to this end the provisions of this Law are severable.