Public Law 29-151 - An Act to add a new Article 14 to Chapter 68 of Title 21 of the Guam Code Annotated, relative to the return of unused properties to their rightful owners and heirs, and to cite the act as The Return of Private Properties Act of 2008

'~~ IA~ M l . . !t! P.O. Box 2950 Hagatfia, Guam 96932 - ~-, <~l TEL: (671) 4 72-8931 • FA,'C: (671) 4 77-4826 • EMAIL: govemor@maiLgov.gu ~ Felix P. Camacho Governor Michael W Cruz, M.n Lieutenant Governor The Honorable Judith T. Won Pat, Ed.D. Speaker Mina' Trenta Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Speaker Won Pat: 0 4 FEB 2009 ...,., r.,., ;:;.? I V1 Transmitted herewith is Bill No. 368(LS), "AN ACT TO ADD A NEW ARTICLE 14 TO CHAPTER 68 OF TITLE 21 OF THE GUAM CODE ANNOTATED, RELATIVE TO THE RETURN OF UNUSED PROPERTIES TO THEIR RIGHTFUL OWNERS AND HEIRS, AND TO CITE THE ACT AS "THE RETURN OF PRIVATE PROPERTIES ACT OF 2008'"' which was signed into law on January 30, 2009 as Public Law 29-151. Sinseru yan Magahet, q,,..~~ FELIX P. CAMACHO I Maga 'lahen Guahan Governor of Guam Attachment: copy of Bill I MINA'BENTE NUEBI NA LIHESLATURAN GuAHAN 2008 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAHAN This is to certify that Substitute Bill No. 368 (LS), "AN ACT TO ADD A NEW ARTICLE 14 TO CHAPTER 68 OF TITLE 21 OF THE GUAM CODE ANNOTATED, RELATIVE TO THE RETURN OF UNUSED PROPERTIES TO THEIR RIGHTFUL OWNERS AND HEIRS, AND TO CITE THE ACT AS "THE RETURN OF PRIVATE PROPERTIES ACT OF 2008," was on the 30th day of December, 2008, duly and regularly passed. Judith T. Won Pat, Ed. D. Speaker Tina se Mufta Barnes Senator and Secretary of the Legislature This Act was received by I Maga'lahen Guahan this g 7 day of JJ,e.c. .~, 2008, at 3 ', I O o'clock f .M. ~~ED: ~ ..... ---- 1:~ P. CAMACHO I Maga'lahen Guahan Public Law No. 29-151 ~ ;istant Staff Officer Maga'lahi' s Office I MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2008 (SECOND) Regular Session Bill No. 368 (LS) As substituted by the Author and amended on the Floor. Introduced by: Frank F. Blas, Jr. v. c. Pangelinan Edward J.B. Calvo Tina Rose Muna Barnes B. J.F. Cruz James V. Espaldon Mark Forbes Judith P. Guthertz, DPA Frank T. Ishizaki J. A. Lujan A. B. Palacios, Sr. R. J. Respicio Dr. David L.G. Shimizu Ray Tenorio J. T. Won Pat, Ed.D. AN ACT TO ADD A NEW ARTICLE 14 TO CHAPTER 68 OF TITLE 21 OF THE GUAM CODE ANNOTATED, RELATIVE TO THE RETURN OF UNUSED PROPERTIES TO THEIR RIGHTFUL OWNERS AND HEIRS, AND TO CITE THE ACT AS "THE RETURN OF PRIVATE PROPERTIES ACT OF 2008." 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. A new Article 14 is hereby added to Chapter 68 of Title 21 of 3 the Guam Code Annotated, to read as follows: 4 "Article 14. 5 Return of Unused Properties. 6 §6814101. Title. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 §6814102. §6814103. §6814104. §6814105. §6814106. Legislative Findings and Intent. Authorization to Return Properties. Facilitation of Land Exchange. No Prohibition Against Building. Inclusion of Parcels in Real Estate Tax Roll. §6814107. Severability. §6814101. Title. This Act may be cited or referred to as "The Return of Private Properties Act of 2008. " §6814102. Legislative Findings and Intent. Public Law 17-54 created a protective zone surrounding the perimeter of the Department of Corrections (DOC) in Mangilao and further authorized I Maga 'lahen Guahan to conduct land exchanges on an area-for-area basis with the affected land owners. This zone affected those properties contained within the five hundred foot (500') radius surrounding the Department of Corrections. I Liheslaturan Guahan finds that these families whose properties have been adversely affected by the protective zone, and who should have been granted an exchange with government of Guam land, have been left in an uncertain situation for over thirty (30) years. Furthermore, the government left the landowners in a position where they were unable to improve their properties or to even construct safe and decent homes. I Liheslaturan Guahan finds that, through no fault of their own, these families faced condemnation of their land by default. More importantly, I Liheslaturan Guahan finds that the Department of Corrections is desirous of returning unused properties back to the original landowners. 2 1 Therefore, it is the intent of I Liheslaturan Guahan to come to a fair 2 and equitable resolution of this thirty (30) year old continuing problem by 3 returning the properties mentioned herein to the families at no cost. 4 §6814103. Authorization to Return Properties. I Maga 'lahen 5 Guahan is authorized to return the following private properties back to the 6 respective owners: 7 (1) Lot No. 3339-4A-3, Mangilao, containing an area of 4,046 + 8 square meters belonging to Bernadette Salas Atoigue with 9 reference map filed at the Department of Land Management as 10 Document Number 321816. 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (2) Lot No. 3339-4A-R5, Mangilao, containing an area of 24,083 + square meters belonging to Raymond C. Salas with reference map filed at the Department of Land Management as Document Number 321816. (3) Lot No. 3339-8-3, Mangilao, containing an area of 1,858.24 + square meters belonging to Raymond C. Salas with reference map filed at the Department of Land Management as Document Number 333641. (4) Lot No. 3339-8-4, Mangilao, containing an area of 1,858.06 + square meters belonging to Raymond C. Salas with reference map filed at the Department of Land Management as Document Number 333641. (5) Lot No. 3339-8-5, Mangilao, containing an area of 1,868.49 + square meters belonging to Jesse C. Salas with reference map filed at the Department of Land Management as Document Number 333641. 3 1 (6) Lot No. 3339-8-6, Mangilao, containing an area of 1,858 + 2 square meters belonging to Jesus M. Salas with reference map 3 filed at the Department of Land Management as Document 4 Number 333641. 5 (7) Lot No. 3339-8-7, Mangilao, containing an area of 1,868.49 + 6 square meters belonging to Jesus M. Salas with reference map 7 filed at the Department of Land Management as Document 8 Number 333641. 9 (8) Lot No. 3348, Mangilao, containing an area of 65,506.62 + 10 square meters belonging to Manuel C. Salas with reference map 11 filed at the Department of Land Management as Document 12 Number 234754. 13 (9) Lot No. 5400-2, Mangilao, containing an area of 7,594 + square 14 meters belonging to Priscilla U. Mesa, reference to Drawing 15 No. LCJ66T131 at the Department of Land Management as 16 Document Number 83310. 17 (10) Lot No. 5400-3, Mangilao, containing an area of 7,594 + square 18 meters belonging to Priscilla U. Mesa, reference to Drawing 19 No. LCJ66T131 at the Department of Land Management as 20 Document Number 83310. 21 (11) Lot No. 2406-7, Mangilao, containing an area of 4,000 + square 22 meters belonging to Larry Ko, as designated on Map Drawing 23 Number RRV83-26S, recorded as Instrument Number 347003. 24 (12) Lot No. 2406-9, Mangilao, containing an area of 3,874 + square 25 meters belonging to Larry Ko, as designated on Map Drawing 26 Number RRV83-26S, recorded as Instrument Number 347003. 4 1 2 3 4 5 6 7 8 (13) Lot No. 2406-12, Mangilao, containing an area of 3,874 + square meters belonging to Larry Ko, as designated on Map Drawing Number RRV83-26S, recorded as Instrument Number 347003. (14) Lot No. 2406-13, Mangilao, containing an area of 3,874 + square meters belonging to Larry Ko, as designated on Map Drawing Number RRV83-26S, recorded as Instrument Number 347003. 9 (15) Lot No. 2406-14, Mangilao, containing an area of 3,874 + 10 square meters belonging to Larry Ko, as designated on Map 11 Drawing Number RRV83-26S, recorded as Instrument Number 12 347003. 13 §6814104. Facilitation of Land Exchange. (a) The Director of 14 Land Management shall facilitate for I Maga 'lahen Guahan the return of 15 those properties identified in §6814103 of this Chapter. The return of these 16 properties shall be accomplished within thirty (30) days or sooner, from the 17 date of enactment. 18 (b) The Director of Land Management is hereby authorized to 19 expend such sums as are necessary to effectuate the return of properties 20 mentioned herein. 21 §6814105. No Prohibition Against Building. Nothing contained in 22 this Act shall be construed to prevent or prohibit the party receiving the 23 properties from improving such land or from building, erecting or 24 constructing structures approved in accordance with the building and zoning 25 codes of Guam. 26 §6814106. Inclusion of Parcels in Real Estate Tax Roll. Because 27 of the government's failure to utilize the parcels identified herein as part of a 5 1 government facility, inclusive of roadways and utility easements, the 2 Director of Land Management shall transmit to the Director of Revenue and 3 Taxation those parcels identified herein for inclusion in the real estate tax 4 rolls. Upon verification, the Director of Revenue and Taxation shall include 5 the parcels back into the real estate tax rolls and shall be applied 6 prospectively and not retroactively. 7 §6814107. Severability. If any prov1s1on of this Act or its 8 application to any person or circumstance is found to be invalid or contrary 9 to law, such invalidity shall not affect other provisions or applications of this 10 Act which can be given effect without the invalid provisions or application, 11 and to this end the provisions of this Act are severable." 6