Rota Agricultural Homestead Corrections Act of 1996 (P.L. 10-3)

COMMONWEALTH OF THE NORTHERN ISLANDS c. Governor JESUS C . BO Honorable Jesus R. Sablan President of the Senate Tenth Northern Marianas Saipan, MP 96950 The Honorable T. Benavente Speaker of the House of Representatives Tenth Northern Marianas Saipan, MP 96950 Commonwealth Legislature Commonwealth Legislature Dear Mr. President and Mr. Speaker: Caller Box Saipan. MP Telephone: Fax: (670) I I 1996 This is to you that I have signed into law Senate Bill No. 10-2 ("S.B. entitled the "Rota Agricultural Homestead Act of 1996," which was passed by the Tenth Northern Commonwealth Legislature. This bill certain legal deficiencies unintentionally created upon the approval of Public Law 7-1 1 (the "Rota Agricultural Homestead Act of 1990") which was signed into law on October 24, 1990. For those Rota residents who obtained agiicultural homestead pursuant to P.L. 7-1 1 and with the conditions of their permits first established by MPLC and thereafter by its successor the Division of Public Lands of the Departments of Lands and Natural Resources, no law or regulation should work to obstruct their to receive or eventually receive fee title to their agricultural homesteads. As I pointed out last year in my veto message to Senate Bill No. 9- 180, I have not been satisfied with the manner in which the Rota Agricultural Homestead Program has been managed. The public must be ensured that CNMI law is followed with the distribution and management of all public land, including village and agricultural homesteads. Although S.B. 10-2 will resolve certain legal problems with the Rota Agricultural Homestead Program, DPL will still need to investigate whether all requirements have been complied with by the homesteaders. failure (as documented by the Inspector General) to adequately manage the homestead programs and allow recipients to improperly transfer their property and, in certain cases, allow improper structures and commercial establishments to be located thereon, will not be allowed to continue under the management by DPL. Suitable agricultural land (not hilly rocky limestone foundation areas such as Dugi and Gampapa) must be used for the program. Where Rota agricultural homesteaders fail to comply with their permits by not actively using their hectare lots for purposes, DPL shall move to recover the property for the Government. S.B. 10-2 Public Law No FROILAN TENORIO ;us C. BOa,u\ Lt. Governor l ne Diego infmm Ma1ianas COlTeCts complied MPLC's s pe1mit agricultural becomes Co1Tections ("DPL") 10-3. GOV. COMM. I" -;}.] (HOUSEJ , : · . MARIANA pe1mits light ag1icultural 10-2"), and/or 1 . 10007 96950 (670) 664-2200 664-22 one I ~ a/ <1-I -1 ~ ..'.2 :3-r" r· -n · THE SENATE TENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST REGULAR SESSION, 1996 PUBLIC LAW NO. 1 0- 3 SENATE BILL NO. AN ACT To amend the Rota Agricultural Homestead Act; to ratify actions taken and agricultural permits issued in accordance with the terms of Public No. 7-1 1; to repeal and reenact 2 CMC 43 82 and 4383; and for other purposes. DATE: January 17,1996 SENATE ACTION Standing Committee Report No.: None Second and Final Reading: January 18, 1996 HOUSE ACTION Standing Committee Report No.: None First and Final Reading: January 19, 1996 HENRY DLG. NICOLAS SENATE LEG LATIVE SECRETARY ,. 10-2 Law §§ •;;. Offered by Senator Juan P. Tenorio ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 TENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST REGULAR SESSION, 1996 PUBLIC NO. 16-3 SENATE BILL NO. AN ACT To amend the Rota Agricultural Homestead Act; to ratify actions taken and agricultural permits issued in accordance with the terms of Public Law No. 7-11; to repeal and reenact 2 CMC 4382 and 4383; and for other purposes. BE IT ENACTED BY THE TENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. t Title. This Act may be cited as the Rota Agricultural Homestead Corrections Act of 1996. Section 2. and P e. The Legislature finds that a number of permits for agricultural homestead were issued following approval of Public Law No. 7-11 by the Governor on October 24, 1990. The Legislature further finds that the final clause of Section 7 of P.L. No. 7-11, referring to effectivity "upon the availability of the homestead development funds identified in the series bonds issue by the Commonwealth Development Authority," was apparently overlooked both by the government, Marianas Public Land Corporation, and the homesteaders. No other reference to "homestead development funds," "series bonds," or the Commonwealth Development Authority appears in Public Law No. 7-1 1. Nevertheless, this technical defect now jeopardizes the right and title of agricultural homesteaders on Rota to their homesteads. The Legislature further finds that any attempt to deprive Rota agricultural homesteaders of rights in their homesteads raises serious constitutional questions of taking of property without due process of law. The homesteaders received their permits in accordance with the substantive of the law and relied on the permits and the attendant §§ Shor Eioctiogs terms urpos LAW 10-2 I 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 27 28 29 30 31 32 33 . PUBLIC LAW NO. 10-3 SENATE BILL NO. 10-2 rights specified by the Act and other law. The purpose of this Act is to give full effect to the main intent of Public Law No. 7-11 and to avoid constitutional difficulties. Section 3. Notwithstanding the language at the end of Section 7 of Public Law No. 7-11 ("and shall take effect upon the availability of the homestead development funds identified in the series bonds issue by the Commonwealth Development Authority"), Public Law No. 7-1 1 shall be LO have taken effect October 24, 1990, and Section 7 of Public Law No. 7-1 1 is hereby amended accordingly. Section 4. (a) All actions taken in conformance with the provisions of Sections 1 through 6 of Public Law No. 7-11 and related law, and all permits or other instruments issued, executed, or delivered in conformance therewith and otherwise in compliance with Commonwealth law are hereby ratified, and no challenge, defense, claim, remedy, cause of action, or other right, based on the unamended Section 7 of Public Law 7-11, shall lie against or arise from such action. (b) Except as provided by this Act, Article 7 of Chapter 3 of Division 4 of Title 2 of the Commonwealth Code is hereby ratified and as positive law. Section 5. Repeal and Reenactment. (a) 2 CMC 4382 is hereby repealed and reenacted to read: of Homestead . Such areas of public lands on the island of Rota as may be suitable for agricultural purposes, and which are not required for government use or reserved for other purposes by any other provision of law, shall be designated by the Secretary of the Department of Lands and Natural Resources on behalf of the Commonwealth government for homesteading purposes. Such areas may, in accordance with the provisions of this law, be allotted to qualified persons for the purpose of farming with Page 2 Amendment. deem, ,I Rati5cation. § ''§4382. Qe§ignation Areas I 1 3 4 9 13 14 15 I I 18 19 20 I 22 23 25 29 30 i I 33 i PUBLIC LAW NO. 10-3 SENATE BILL NO. 10-2 the right to acquire title upon the fulfillment of the conditions prescribed in this (b) 2 CMC 4383 is hereby repealed and reenacted to read: of Area: Requirements for U se of (a) Subject to article XI, section 5 of the Commonwealth Constitution, the Secretary of the Department of Lands and Natural Resources shall determine and establish standards and requirements for the use, occupation, and development of the homestead tracts granted under this article consistent with its terms. (b) Subject to the availability of public land for agricultural homesteading purposes, the maximum area of land allowable for each agricultural tract to be made available under this article, shall be one hectare. The Secretary of the Department of Lands and Natural Resources shall file a copy of each of the Secretary's determinations under this section with the Commonwealth Recorder's Office." (c) v. If any provision of this Act or the Section 6 . application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence at the date this Act becomes effective. . . Section 7. Clause . Page 3 ,. 2 5 6 7 8 10 11 12 16 17 1 n i 21 24 ... ,J 26 27 28 31 32 ii I I § "§4383. Establishment Property. Severabi Ii t Savings article." 1 2 PUBLIC L A W NO. 10- 3 SENATE BILL NO. 10-2 Section 8. Effect Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. CERTIFIED BY: ATTESTE TO BY: R. SABLAN OF THE SENATE SENATE LEGISL SECRETARY , 1996. THE NORTHERN MARIANA ISLANDS Page . . . . . II jve ~--..-v //JESUS JiiESIDENT id this 4-/b day of )4,,-J, FROILAN C TENO GOVERNO COMMONWEALTH OF 4