An Act to amend the Public Purpose Land Exchange Authorization Act of 1987,2 CMC $4142 (Findings and Purpose) and 2 CMC S4143 (e) (Definitions), to emphasize the need for land exchanges and to expand the definition of public purpose to indicate more clearly when short exchanges should be considered to adequately compensate landowners; and for other purposes (P.L. 6-43)

0 The Honorable Joseph S. Senate President Seventh Northern Marianas Commonwealth Legislature Saipan, MP 96950 and The Honorable Pedro R. Guerrero Speaker, House of Representatives Seventh Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: This is to you that I have signed into law Senate Bill No. entitled, "To amend the "Public Purpose Land Exchange Authorization Act of 1987," 2 CMC 42 (Findings and Purpose) and 2 CMC to emphasize the need for land exchanges and to expand the definition of "public purpose" to Indicate more clearly when "short exchanges" should be considered to adequately compensate landowners; and for other purposes", which was passed by the Sixth Northern Marianas Commonwealth This Legislation becomes Public Law No. 6-43. Copies bearing my signature are forwarded herewith for your ready reference. Sincerely, Governor CC: Special Assistant for Programs and Legislative Review . . . . . , , . . . . ..... { tommonwealtb of tbe Jl!ortbern ,fflariana 3Jslanbs o $ffict of tbt ~obernor cCJ l'hom.-: (670) Jll-5091/2/.l Fax: 322-5096 .J1ip1n, Jllariana .l•l1111d1 969Sl1 lnos Inform §41 ~6f.'oei.eoffiERRERO 2 3 J.i; l'i 1990 GOV. cOMM• :r:::J lHOUSE) 6·196, §4143(e)(5)(Deflnltlons), Legislature, , PUBLIC LAW 6-43 SIXTH MARIANAS LEGISLATURE 1989 amend the "Public Purpose Land Exchange Authorization Act of 1987," 2 (Findings and Purpose) and 2 (5) to emphasize the need for land exchanges and expand the def ini t ion of "public purpose" to indicate c lear ly when "short exchanges" should be considered to adequately . canpensate landowners; and for other purposes, Offered by Senator Juan Date: September 26, 1989 SENATE Referred to: on Federal Independent Second and Final Reading: January 4, 1990 HOUSE Referred to: on Commerce and Tourism and Reading: 5, 1990 . anuel Legislative Secretary NO. s tS I Q•l96 NORTHEBN COMMONWEAL'l'H cz.c S4l42 (!)Sf initions), ACTION canmittee ACTION Ccrnrni t tee Final FO'JRTH REGULAR SESSICN, ANACf N. Babauta :RelatioM & January CM: §4l43(e) to rrore Agencies ,.' sena'ti I ,· P, Vil1ag~cme""'!!". z I SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE 6-43 FOURTH REGULAR SESSION, 1989 SENATE BILL NO, 6-196 AN, ACT To amend the Purpose Land Exchange Authorization Act of 2 CMC 64142 (Findings an6 Purpose) and 2 (5) (Definitions) , to emphasize the need for'land exchanges and to expand the definition of purpose'' to indicate more clearly when should be considered adequately compensate landowners; and other purposes. BE IT ENACTED BY THE SIXTH NORTHERN MARIANAS LEGISLATURE: Section Amendment, Title 2, CMC, 64142 5-33, 82 amended to read: Findings and Purpose , The purpose of this Article 4 is to '.facilitate the Accomplishment of certain public purposes by 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 authorizing the Marianas Public Corporation to enter into agreements by which the government obtains freehold interest in private land in exchange for passing freehold interest in public land to the private landowner. Pursuant to Article XI, Section of the Constitution of the Commonwealth of the Northern Mariana Islands (as by Constitutional Amendment No. 32) , such land exchanges permitted only as specifically authorized by law,' The Legislature finds that such land exchanges are an effective and economical means of obtaining private land essential to public projects and of resolving lawful claims against the government. area of public land agreed upon "short was not Land exchanges shall be liberally used where the full conveyed to landowners by governmental entities. further that land exchanges are often preferable, both socially and economically, to monetary compensation for private land acquired for public purposes. The Legislature The Legislsture also finds ' .. '. "Public 1987, 11 CMC i4l43(e) 11public exchanges" foli 1,. :3 "i4142, · · to PUBLIC LAW NO. "short COMMONWEALTH (P,L,No, 't 5 Land amended ,. exchanges" finds ... 5 (a: , 6-43 SENATE BILL NO, 6-196 1 that equitable land exchanges serve the public interest far better than 2 expensive and divisive condemnation proceedings. The Legislature 3 further finds the requirement of Section 7 of the Schedule on Transitional Matters o f the Constitution may be expeditiously 5 accomplished through land exchanges in implementing Constitutional 6 Amendment No, 32, Article specifies the public purpose for which 7 8 can be executed." land exchanges are authorized and the conditions under which such 9 Section 'Amendment. Title 2, CMC, 5-33, 10 is amended to 11 12 i3 14 15 16 17 18 19 20 21 22 23 "(e) 'Public Purpose' means any of the following singularly or in combination: (5) Satisfaction of any land exchange, agreement entered into by the Commonwealth Government, by the Trust Territory Government or a part thereof, or by the United States Naval Administration, and involving land in the Northern Mariana Islands, in which the area of public land agreed was not conveyed to the landowner or to his or her heirs or successors in interest. A deemed inadequately compensated in his or her land exchange if the short exchange exceeded five hundred (500) square meters . or less language found in exchange agreements . Exchange shall be possible notwithstanding 'more Section 3. Severability. If any provision of Act, or its 24 25 application to any person or circumstance is held invalid, the invalidity does not effect other provisions or applications of the Act which can 26 be given affect without the invalid provisions or applications, and to 27 this end the provisions of this Act are severable. Page 2 PUBLIC I»l NO. tha:t 4 ... This exchanges 2 •. 64143(e)(5)(P.L,No. 63) rea ?: ful1 upon '" landowner is. II this .. . ..I PUBLIC 6-43 SENATE BILL NO, 6-196 1 Section Effective Date. This Act effect upon rnor or upon its becoming law without such approval. ATTEST : I, DE Governor of the Northern Mariana Islands ... ' , . ~ ,, .. • .. ',, t I I • ' ") t .. I.RlNO • • 4. shall'take the Gov1 z Senate ative Secretary· Commonwealth ., ..