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Commonwealth of the Northern Mariana Islands GOV. COMM. leG·..5 I (HOUSE) - COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benigno R. Fitial Timothy P. Villagomez Governor Lieutenant Governor The Honorable Joseph M. Mendiola Senate President, The Senate Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Oscar M. Babauta Speaker, House ofRepresentatives Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law House Bill 15-192, SD1, entitled, "An Act to repeal and reenact 2 CMC §4743(f) to restore the prioritization ofland compensation claims; and for other purposes," which was passed by the Fifteenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 15-92. Copies bearing my signature are forwarded for your reference. Sincerely, cc: Special Legal Counsels, Office ofthe Governor Legal Counsel, Office ofthe Lt. Governor Attorney General, Office ofthe Attorney General Special Assistant, Office ofManagement and Budget Secretary, Department ofPublic Lands Secretary, Department ofPublic Works Secretary, Department ofLands and Natural Resources Mayors, CNMI Commonwealth Development Agency Secretary, Department ofCommerce Senior Policy Advisor Special Assistant to the Administration Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-221 l/231 I rrFie House ofCJW1resentatives NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. BOX 500586 SAIPAN, MP 96950 August 28, 2007 PUBLIC LAW NO. 15-92 The Honorable Timothy P. Villagomez Acting Governor Commonwealth ofthe Northern Mariana Islands Capitol Hill Saipan, MP 96950 Dear Acting Governor Villagomez: I have the honor of transmitting herewith for your action H. B. No. 15-192, S:Ql, entitled: "An Act to repeal and reenact 2 CMC § 4743(f) to restore the prioritization of land compensation claims; and for other purposes.," which was passed by the House of Representatives and the Senate ofthe Fifteenth Northern Marianas Commonwealth Legislature. Sincerely yours, """ ~ng House Clb-k/ Attachment " • t BOUSE OFltEPRESENTJtlTVES FIFTEENTH NORTHERN MA.R1ANAS COMMONWEALTH LEGISLATURE SECOND DAY, FOURTH REGULAR SESSION, 2007 PUBLIC LAW NO. 15-92 H. B. No. 15-192, SD1 AN ACT To repeal and reenact 2 CMC § 4743(f) to restore the prioritization of land compensation claims; and for other purposes. Offered by Representatives: Joseph P. Deleon Guerrero, Jacinta M. Kaipat, Arnold 1. Palacios, Ramon A. Tebuteb, and Manuel A. Tenorio Date: May 15, 2007 Referred to: None Public Hearing: None Standing Committee Report: None Passed Final Reading on June 27, 2007 Accepted Senate Amendments on August 21, 2007 Referred to: Committee on Resources, Economic Development, and Programs Public Hearing: None Standing Committee Report 15-105 Passed Final Reading on August 16, 2007 , , , .' . HOOSE OF REPRESENTATIVES FIFTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIFl'H SPECIAL SESSION, 2006 PUBLIC LAW NO. 15-92 H. B. No. 15-192, SD1 AN ACT To repeal and reenact 2 CMC § 4743(f) to restore the prioritization of land compensation claims; and for other purposes. BE IT ENACTED BY THE FIFTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: 1 Section 1. Findings and Purpose. The Legislature finds that Public Law No. 13-17, 2 the "Land Compensation Act of 2002," prioritized compensation in order to balance the need 3 to compensate landowners with the need to address critical infrastructure needs, namely, 4 'j issues of right of way and road construction. Compensation was prioritized as follows: (1) 5 Right of Way purposes, including but not limited to public road construction; (2) Public 6 Ponding Basin construction; (3) Wetland; and (4) Other claims. The Legislature further finds 7 that Public Law No. 14-29 removed this prioritization with the intent to treat all claims 8 equally. However, the Legislature now finds that many capital improvement road projects are 9 at a standstill as landowners still have not been compensated for their lands. In fact, millions 10 ofdollars were used to compensate wetland and ponding basin claims first. The government 11 neglected to address critical right of way claims thus continuing to leave many road 12 ;i construction projects in limbo. Therefore, the purpose of this Act is to restore the : ~ 13 prioritization of land compensation claims so that the Commonwealth can proceed with its 14 crucial road construction projects. 15 Section 2. Amendment. 2 CMC § 4743 (f) is hereby repealed and reenacted as 16 follows: 17 "(f) In implementing this Act, the Department of Public Lands shall first 18 compensate the acquisition of private lands for right of way purposes, including but 19 not limited to public road construction by date order first certified. After those claims 20 have been compensated, the Department ofPublic Lands shall then compensate those PUBLIC LAW NO. 15-92 HOUSE BILL No. 15-192, SD1 1 claims involving the acquisition ofprivate land for the purpose ofconstructing public 2 ponding basins. Wetland and other claims shall be entertained only after claims 3 involving right ofway and ponding basin acquisitions have been compensated." 4 Appendix 1 is a listing from DPL ofall currently existing uncompensated land , 5 claims. All claims on this list shall be settled by date order first certified prior to any 6 other. 7 Section 3. Severability. If any provision of this Act or the application of any such 8 provision to any person or circumstance should be held invalid by a court of competent 9 jurisdiction, the remainder of this Act or the application of its provisions to persons or 10 circumstances other than those to which it is held invalid shall not be affected thereby. 11 Section 4. Savings Clause. This Act and any repealer contained herein shall not be 12 construed as affecting any existing right acquired under contract or acquired under statutes 13 repealed or under any rule, regulation, or order adopted under the statutes. Repealers 14 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. 15 The enactment of the Act shall not have the effect of terminating, or in any way modifying, 16 any liability, civil or criminal, which shall already be in existence on the date this Act 17 becomes effective. 18 Section 5. Effective Date. This Act shall take effect upon its approval by the 19 Governor or becoming law without such approval. ATTESTED TO BY: ~ING HOUSE CLERK ,2007 Page 2 , , i : I I' Department of Public Lands ).~' J r. \ I r . : :l)'J U\J,A) Land Compensation Pending List (Right of Way) Saipan.Tinian, Rota .\1 \ V ty '" } \ As of 1/4/07 \J v .», Dale \) Name of Land Owner Pro H"'IV Data Certified Vill~_e_ Delos Santos, j:,duvigis (Heirs of) i.ot No, 008 B 05 12·F~b·X8 Chalan Pale Arnold Cabrera. Juan C. Lot No 1X4'l.1~-2R/W 3·Nov-X8 Gualo Rai Lot No. 016 13 34 Chalan Pale Arnold Lot No. 014 B 09 Chalan Pale Arnold " '.- ' ....... ; ., '" /\. .' t." .. ;" . .,,~~;< > ~.t!;. ('fJ . ~ , ~.. ~ ~\ ' ' . '. , - .' , • ? , "'"'!' " 1 Kani, Mariana (Heirs 01) LotNo.01681l _..__ . 3,950 8-Mar-Y I Chalan Pale Arnold 2 Agulto, Ramona Lot 337-I\/W 1,898 18-Mar-9! Capito! Hill 3 Camacho, Antonio Ch, EA 225-3-7·R/W .__. 313 II·Jun-'l! As l.ito EA 225NEW-I-R/W 756 4 Camacho, Jose Ch. Part of Lot No. I-:.A 225-1-5-1,/\\ .. 236 II-Jun-'ll As Lilo Pan of Lot No. E.A. 225·3·l,·R/'v\ 185 Part of L.ot No, E.A. 225-1·2-R/W 316 5 Camacho, LorflflZo T. (HI/irs oj) - E.A. 225·1·\ R/W ..... 57 I 1-.Iun-'l1 As Lito Sanchez, Ral1l0llft C..Santos, Malldalena c., . Pangelinan. Cecilia C. Kisa, Trinidad C, Camacho, Jose Ch., Camacho. Antonio CnCamacho, ..- Lawrence S.andCamacho. Rcdnev S. ...-._- 6 Camacho, Lorenzo T, (Heirs oj) - E.A. 225-3-1-R/W 173 11-.Iun-91 As Lito Sanchez, Ramona C.•Santos. Magdalena C" II-Jun-91 Pangelinan, Cecilia C.. Kise, Trinidad C, Camacho. .- J I·Jun-'l1 Jose Ch., Camacho. Antonio Ch..Camacho. I I-Jun-9! Lawrence S.andCamacho. Rodney S. 1 1·.IulI-91 7 Sa hla n Construction Co. H 316-5·I\/W 1,571 I 1·.Iun·91 As Lito 8 Flores, Joaquin B. Lot 496 NEW·5A-l R/W 64 9-Jul-'11 As Lito 9 Tenorio, Jose P. Lot No. H-34R-R/W 95R 30·.Iul-9! As Mahetog 10 Camacho, Lorenzo T, (Heirs of) Lot No. 1479-3-3R/W 2.76R 6-Aug-91 Tnpochao 11 Cabrera, Alttonio c. (Heirs of) Part of Lot No. 466 New .I\/W 667 9-Aug-91 As Perdido/Chelan Piao In Part of Lot No. 468-R/W 1,173 '1·Aug·Y I As Perdido/Chalan Piao Pan of Lot No. 466-2-R/\o\ ,- 1,410 'I-Aug-'ll As Perdido/Chalan Piao i Lot No. 466-C-7-R/W ---- 213 2-0cl-'l1 As Perdido/Chalan Piao 12 Moses, N2clechcl Georee Tract 2261J-C-R/W 222 27-Aug-9! As Lito ~ 13 Galang, Alicia C. Tract No 22614-I-R/W 195 2-0ct-91 I\S Lito • .- .... 14 Borja, Francisco T. (Heirs of) FA 15S-IO-fl./W II I-Nov-91 Kana! Tabla VI --- I IS Tenorio, RO~lI A. _.- LOt No. 496 NtoW-4-IIUW - 91 4.J IIn-91 As I ito ~ 16 Camacho, Lorenzo T. (Heirs of) J:A.225-3-3-IUW --- 203 I 1-.Iull-'l! As Lito N FA 225-3-4-R/W 225 I 1-.Iull-'!! As I.ito ~,~ ~~ \ , 'l.\~', .~,~.:.~ .. ~' '"':: .. ,,,' ,'" t ~ ; ... '<;. , ~ ' , ~ ~ < ::/' " <\ ! . /" •. '- :;t:;!" " =:,:.iI I Sablan, .Iosepha N. Lot No. 016 n 35 -- I.n I 23·.Ial1-<)2 Chalan Pale Arnold Deleon Cuerr-eru, Josepha M.
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