Agricultural Homestead Waiver Act (P.L. 11-96)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Pedro Tenorio Governor Jesus R. Sablan Lt. Governor Honorable Paul A. Manglona Senate President Eleventh Northern Marianas Commonwealth Legislature Saipan, MP 96950 and Honorable T. Benavente Speaker, House of Representatives Eleventh Northern Marianas Commonwealth Legislature Saipan, MP 96950 Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200 Fax: (670) 664-2211 SEP. 1 Q 1999 Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law Senate Bill No. 11-135, entitled, "To amend 2 CMC, Division 2, Article 2, Sections 4323 and 4327; to amend 2 CMC, Division 2, Article 2 by adding a new Section 4328; and for other which was passed by the Eleventh Northern Marianas Commonwealth Legislature. This measure will provide the legal basis for the Division of Public Lands (DPL) and the Board of Public Lands (BPL) to address pending problems regarding land matters which involved the land that was taken away from various individuals by the military or the Trust Territory Administration. The Director of the Division of Public Lands and the members of the Board of Public Lands are very much in support of this bill, so that pending applications can be processed and acted on by DPL and BPL. The bill becomes Public Law No. 11-96. Copies bearing my signature are forwarded for your reference. Sincerely, A CC: Department of Lands and Natural Resources Board of Public Lands P. Diego R. SABLAN cting Governor SAPLR P. l. purposes," U.S. GOV. COMM II- 536 (HOUSE) · NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. Box 129 Saipan, MP 96950 JUL. Honorable Pedro P. Governor Commonwealth of the Northern Manana Islands Saipan, 96950 Dear Governor Tenorio: I have the honor to transmit herewith for your action one (1) original copy of Senate Bill No. 11-135, entitled, "A Bill for an Act to amend 2 CMC, Div. 2, Article 2, Sections 4323 and 4327; to amend 2 CMC, Div. 2, Article 2 by adding a new 4328; and for other purposes.", which was passed by the Senate and the House of Representatives of the Eleventh Northern Marianas Commonwealth Legislature. SENATE LEGISLATIVE SECRETARY At t PUBLIC LAW NO. 11-96 %e Senate 29 1999 Tenorio MP § tachmen THE SENATE ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE NO, SENATE BILL NO. 11-135 AN ACT To amend 2 CMC, Div. 2, Article 2, Sections 4323 and 4327; to amend 2 CMC, Div. 2, Article 2 by adding a new 4328; and for other purposes. Offered by Juan P. Tenorio DATE: April 12, 1999 SENATE ACTION Standing Committee Report No.: None Second and Final Reading: June 2,1999 HOUSE ACTION Standing Committee Report No.: None First and Final Reading: June 4, 1999 SENATE LEGISLATIVE SECRETARY PUBLIC LAW 1.1'<'96 § Senator(s): ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST SPECIAL SESSION, 1999 AN ACT 1 2 3 4 5 6 7 8 9 10 11 , 13 14 ' 15 16 17 18 19 NO. 11-96 NO. 11-135 SENATE BILL To amend 2 CMC, Div. 2, Article 2, Sections 4323 and 4327; to amend 2 CMC, Div. 2, Article 2 by adding a new 4328; and for other purposes. BE IT ENACTED BY THE ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Amendments. To amend 2 CMC, Div. 2, Article 2, Sections 4323 and 4327 to read as follows: 4323. The Marianas Public Land Corporation shall waive any requirements, limitations or regulations relating to the agricultural homesteading program in effect prior to January 9, 1978. Any person who can demonstrate continuous and actual occupancy or use of public land for agricultural purposes for period of 15 years prior to January 9, 1978, or who can demonstrate that he or she would have continuously and actually occupied or used public land for agricultural purposes for a period of 15 years prior to January 9, 1978 but for the U.S. military's or Trust Temtory Administration's removal of the person from such land, shall be legally entitled to all the rights and interest of ownership of such land, and the Marianas Public Land Corporation shall convey such land by deed to any person who complies with procedures and requirements for granting of deeds established under 2 CMC 4324. 4327. Notwithstanding any other provision of law relating to homestead rights and procedures, any person who has continuously occupied or possessed with permission of the government a parcel of public land, who began using such land for agricultural purposes prior to January 9, 1978, and 12 "§ § § PUBLIC LAW § NO. SENATE BILL NO. 1 2 3 4 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 who either used such land continuously for such purpose through February 9, 1981, or who can demonstrate that he would have used such land continuously for such purposes but for the U.S. military's or Trust Territory Administration's removal of the person from such land, but who has not been granted a homestead permit, shall be granted an agricultural homestead permit which shall be valid for all legal purposes, including acquisition of freehold title upon completion of homestead requirements, as if issued pursuant to other provisions of law relating to homestead rights and procedures. This section shall apply to persons who entered public land with any form of permission of the government, but not including executed fixed-term lease agreements. This section shall not be construed to impair the issuance of homestead permits in the manner otherwise provided by law." Section 2. Amendment. To amend 2 CMC, Div. 4, Article 2 by adding a 4328. Prior Grants. Any deed or permit issued under 2 CMC 4321 et prior to the date this section became law is hereby deemed to be lawful and binding agreement in the same manner and to the same extent as if entered into after this section became Section 3. Severabilitv. 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 4. Savings 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 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 effecitve. new 4328 to read as follows: PUBLIC JAW 11-96 11-135 5 § "§ § seq. law." Page PUBLIC NO. 11-96 SENATE BILL NO. 11-135 2 Section 5. Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. CERTIFIED BY: SENATE LEGISLATIVE SECRETARY this day of , 1999. I TH OF THE NORTHERN MARIANA ISLANDS I Page 3 .. 1 :i I I LAW .. .. ..... & ... & ..... ~&I &I .... - --- - . --------"' -·- ---- -- , - ---- -- ·-'" NOV-06-00 FROM: ID: PAGE - Status *Denied clue to language of Law 10,37 UPDATED LISTING STATUS OF HOMESTEADERS WHO HAVE BEEN DENIED AGRICULTURAL HOMESnAn DUE TO THE IN~ OF THE PRESENT I.AW Names of Homesteadex(s) l. Heirs of Joaquin San Nicolas Rep. by Jesus i... San Nicolas 2. Mrs. Emilia P. Sablan (Tab.1) (Heirs of Jose C. Pangelinan) 3. Mr. Antonio P. Sablan (Talu) 4. Mr. Antonio R. Sablan (Tung) S. Mrs. Victoria P. C".oucepcion 6. Mr. Jose A. Benavente 7. Mr. Gregorio B. Sablan 8. Mr. Ignacio C. Benavenre 9. Heirs of Antonio Diu (Ba.du) Rep. by Celina D. Taylor 10. Mrs. Am A. Fujihim (Meko) 11. &tartislao A. Fujihira 12. Mis. Maria Manibusan 13. He~s of Enrique Santos Rq>. by Gonzalo Q. Santos 14. ~- Jesus Chong Rep. by Fraoci!tCO S. Chc.ag 15. Mrs. Josephine Diaz Gumataotao 16. Mr. Jose I. Guerrero 17. Mr. Jose A. Sonoda 18. Mrs. Ana Santos (.Potu) 19. Heirs of Hcnmn A. Sablan (l{.apung) Rep. by BenjaminA. Sablan (Q.D. under Ana Ayuyo Sablan) 20. Mr. Leoaardo LG. Camacho (Rita) 21. Pedro A. Teuorio 22. Jesus Salas 23. Pedro Duenas (PPD) 24. Juan C. Reyes 6125/98 Deeded Deeded Deeded Deeded Deeded Deeded Deeded Deeded Deeded Pending PCIJdiDg Deeded ~ Deeded Denied Pending Deeded Deeded Pending Deeded Deeded PCDdiD& Deeded Deeded Deeded Public 8,.9. 2/2