An Act to amend 8s 3(d) and 4(e), 9, and 14 of Public Law 13-17, as amended (P.L. No. 14-29)

OF THE NORTHERN GOV. (HOUSE) . Juan N. Babauta Governor T. Benavente Lieutenant Governor 2 1 The Honorable G. President, The Senate Fourteenth North Legislature Saipan, 96950 The Honorable R Speaker, House of Representatives Fourteenth Northern Commonwealth Legislature 96950 Rear President and Speaker: This is to inform you that I have signed into law House No. 14-20, entitled, amend and 9, and 14 of Public Law 13-17, as amended,” which was passed by the Fourteenth Northern Marinas Commonwealth Legislature. This measure amends Public Law 13-1 7, “The Land Compensation Act 2002” as amended by Public Law 13-25 and Public Law 13-39 as follows: First, Section of the Land Compensation Act, pertaining to prioritization of claims to be processed by the Marianas Public Lands Authority provided that: (d) In implementing this Act, the Marianas Public Land Authority shall compensate the acquisition of private for right of way including but not to public road construction, After those claims have been compensated, the Authority then compensate claims the of private land for the purpose of constructing public basins. Wetland and other claims shall be entertained only after claims involving right of way and basin have Section of this measure this relevant subsection, contained in subsection to the Law 13-29, to read as follows: ion of ions (c), (d), (e) by Public Caller Box Saipan, Telephone: (670) Facsimile: (670) 664-2211 Diego COMMONWEALTH Joaquin Adriano Se~te Marianas Commonwealth MP Benigno Fitial Marianas Saipan, MP Mr. Mr. "to §§ 3(d) 4(e), 4(d) first limited involving acquisition pon4ing be.en~~~ l(a) 4( e) ptlI'SJ.lAAt amends 1¢~~t 10007 MP96950 lands shall ponding MARIANA ISLANDS . COMNu·'~~ ... SfP • 2004 Bill HSI, SSl, CDI, further the' (MPLA) originally purposes, those acquisitipns now and 664-2200 / 2300 /2311 (e) In implementing this Act the Public Lands Authority shall compensate the acquisition of private lands for right of way including but not to public road construction, construction of wetland, and other claims involving private land acquisition by applicable laws. Section of the Land Compensation Act of 2002, therefore, is to remove the prioritization previously for land by private landowners whose land was taken for public road construction. As the land compensation claims for the private lands by the Government for public road construction of basins, wetland, and other claims private land acquisition are treated This amendment ensures that with land compensation claims are treated a and removes any or of land claimants to the of other individuals with pending land compensation claims. Second, Section 1 of this measure amends that provision of Public Law 13-25 which amended the “The Land Compensation Act of to include a provision determining the for Valuation of Specifically, Section of Public Law 13-25 stated: For purposes of this Act, landowners shall receive just compensation based on the fair market value of the land at the time of taking by the Commonwealth MPLA may use as a guide the procedures set forth in 2 CMC and (3) to fair market value at the of taking. Section of this measure, however, provides that: For purposes of this Act, land owners shall receive just compensation based on the market value of the land at the time of taking by the which the date when the Governor or other authorized government certifies writing the need the acquisition of the private land. This provision, as set forth in Public Law 13-25, that with land compensation claims the actual value of the land at the time of the taking. This however, establishes a specific date that MPLA use the basis for its determination of the market value of the and the of compensation that is due to the former landowner. It must be noted, however, that such claims by of the prevailing market values at the time that many such certifications were issued the need for the acquisition of private will deplete the dollar bond issue by Public Law 13-17 and may necessitate the of additional or by the Legislature to ensure that all persons with land compensation claims are paid in an expeditious The intent and of the Land Compensation Act of2002 must not Sections 1 (c) and 1 (d) of this measure the provisions of the Land Compensation Act related to the transfer of bond proceeds to MPLA of the administrative of implementing the provisions of the Land limited ponding basins, permitted 4(e) mandated Marianas purposes, acquisition of amended compensation claims made amended, CNMI construction, ponding equally. involving individuals inference appearance favoring specific (b) 2002" Method Land. as amount §§ 4712(a)(2) determine l(b) fair Commonwealth ts official m that receIVe proVISIOil, fair will, virtue high m fairmanner disadvantage 1(3) time for ensures individuals must land regarding land forty million authorized bond ~es appropriations. original neglected. Finally, purpose amend authorization manner. be and funding all Compensation Act. Section of Public Law 13-39, the Transfer of Bond Proceeds to is to remove that whereby CDA was required to all the proceeds of the bond authorized by 13- 1 7, the accrued on the bond issue, to MPLA for its use for land compensation claims. Section of this that all of the proceeds of the bond are in a separate by MPLA, but rather, will be held in trust by a trustee that is charged with securing the bond issue and only releasing such for the purpose of land compensation claims and reasonable administrative costs made by request of the with the of the MPLA Board. This provision, therefore, that the are only utilized for their specific intended purpose and that the are not expended disproportionately by for costs and bond issuance management This becomes Public Law No. 14-29. Copies bearing my signature are forwarded for your reference. cc: Attorney General MPLA MPLA Acting Commissioner Executive Director, Commonwealth Authority for Legislative Review issue {l)(c) $40,000,000.00 Specifically, 3( d) MPL~ amended transfer Public Law including continued measure mandates 1SSUes not-held CD A-appointed funds MPLA Commissioner concurrence ensures funds funds administrative and bill Sincerely, Board concemmg provis10n $40,000,000.00 interest account funds issues. Development Special Assistant Programs and PUBLIC L A W NO. 14-29 H. B. NO. 14-020, HSI, ACT To amend and 9, and 14 of Public Law 13-17, as amended. Introduced by Representatives: Janet U. Maratita, R. Fitial, Jesus SN. Lizama, Claudio K. Norita, M. Ogo, Arnold Palacios, Justo S. Quitugua, Timothy P. Villagomez, and Ray N. Yumul Date: February 9,2004 Referred to: Committee on Natural Resources Public Hearing: None Standing Committee Report: SCR 14-67 Passed and Final Reading on June 11,2004 Rejected Senate on 19, 2004 Rdopted Conference on September 9, 2004 Referred to: Committee on Resources, Economic Development and Programs Public Hearing: None Standing Committee Report: None Passed Final Reading 8, 2004 Conference on September 14, 2004 BOUSE ftll REPBESENTA.TDES F ~ ORTBERNMmlANAS CoMMONWE&LTH LEGISLATURE SECOND. REGULAR SESSION,. 2004 551, CD1 AN §§ 3(d) 4(e), Benigno Crispin I. First Amendments August Conference Committee Report No. 14-J 1lmendments July Conference CollJJl1ittee Report No. 11-3 Adopted Amendments 1 2 3 4 5 6 7 8 S 11 12 14 15 16 17 19 PUBLIC LAW NO. 14-29 NO. 14-20, ACT To amend and 9, and 14 of Public Law 13-17, as amended. BE IT ENACTED BY THE FOURTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Amendments. (a) Section of Public Law 13-17, as amended by PL 13-39, is amended to read as follows: “(e) In implementing this Act, the Marianas Public Land Authority shall compensate the acquisition of private lands for right of way purposes, including but not limited to public road construction, construction of ponding basins, wetland, and other claims involving private land acquisition permitted by applicable laws.” (b) Section 9 of Public Law No. 13-17, as amended by P.L. No. 13-25, is amended as follows: “Section 9. Method for Valuation of Land. For purposes of this Act, land owners shall receive just compensation based on the fair market value of the land at the of taking by the Commonwealth which is the date when the Governor or other authorized government certifies in writing the need for the acquisition of the private land.” (c) Section of PL 13-39 is amended as follows: “(d) Transfer of Bond Proceeds to MPLA. After any commission or fee, costs of issuance, reserves, credit enhancement, interim bond financing or other similar expenses, and after transferring the requisite lC 18 HOOSR OF RBPRBSBNTATIVBS FOURTEENTH NoRrlfERN MARIANAS CclltoNIEALm LEGISLAlURE FIRST REGuLAR SB.5SJ'.ON, 2004 H.B. HSl, SSl, CDl AN §§ 3(d) 4(e), 4(e) time official 3(d) satisfying 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PUBLIC LAW NO. 14-29 HOUSE BILL NO. 14-20, amount for the Commonwealth prison project to the Department of Finance for deposit into an account for the project, the CDA-appointed trustee, pursuant to Public Law 11-3, shall retain the remaining balance of the bond proceeds. The trust funds and earnings thereof are hereby continuously appropriated solely for the purpose of paying out land compensation claims and to meet reasonable expenses of administering the purposes of this act, such expenses limited to obtaining appraisals, title searches and conducting administrative hearings, subject to conditions necessary to tax exemption of the bonds or any interim financing. The Commissioner of MPLA shall have expenditure authority over the funds in the account subject to approval of claims by the Board. Such shall be drawn down from the trustee based upon procedures established by the MPLA Board and upon the concurrence of the Secretary of Finance.” Section 14 of PL 13-17, as amended by PL 13-39, is amended as follows: “Section 14. Funding. Notwithstanding any provision of law, the Board of Public Lands shall utilize the bond proceeds from the funds and earnings thereof established under Section herein to meet reasonable past, present and expenses of administering the purposes of this act, limited to obtaining appraisals, title searches and for conducting administrative hearings and review pursuant to this Act.” . Section 2. Severability. If any provision of this Act or the 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. Section 3. Clause. 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 this Act shall not affect any proceeding instituted under or pursuant to prior law. Page 2 HSl, SSl, CDl maintain funds d trust 4(d) future Savings Ill PUBLIC LAW NO. 14-29 HOUSE BILL NO. 14-20, The enactment of the Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this Act becomes effective. Section 4. Application of Section Section of this Act shall apply to all pending claims subject to compensation under Law 13-17, as amended. Section 5. Effective Date. This Act shall take effect upon its approval by the Governor or becoming law without such approval. ERTIFIED BY: ATTESTED TO BY: on this ,2004 N. V GOVERNOR COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Page 3 HSl, SSl, CDl 1 2 3 4 l{b}. l(b) 5 Public 6 7