By Nazario Rodriguez Jr.
Horizon news staff

The Supreme Court Trial Division has ordered the national government to pay Ibai Lineage a total of $310,065.75 in just compensation of a land used for the benefit of the Palau Community College, excluding interests.
In her judgment by stipulation in Civil Action No. 05-169 (Ibai Lineage vs. ROP and PCC), Associate Justice Kathleen Salii said that the ownership of that certain real property, Lot 40947 also known as lengid, containing 44,500 square feet located within PCC campus is awarded to PCC.
However, a sum of $310,065.75 plus three percent interest thereon at the rate of three percent per annum from Sept. 15, 2003 is the fair value of and constitute just compensation for the amount, including accrued interest thereon, shall be deposited by the ROP with with Clerk of Courts at an interest bearing account.
Salii, in her April 4 judgment order, also directed the Land Court to issue a Certificate of Title to PCC and that the compensation money be released to the Ibai Lineage through plaintiff’s lawyer Johnson Toribiong when the Ibai Lineage has delivered a fully executed warranty deed to lengid naming PCC as grantee in a form acceptable to the Attorney General and Ibai Lineage has delivered a Certificate of Title to lengid to the PCC, showing PCC as the owner of lengid.
On April 13, Toribiong wrote a letter to Senate Floor Leader and chair of Ways and Means Committee Alan Seid to inform that after the judgment by stipulation order by Salii requires an appropriation for the payment of just compensation for the land.
Toribiong said that the prompt action of the OEK is required to satisfy the constitutional mandate that private property shall be taken only upon payment of just compensation.
He said that in this case the taking was by inverse condemnation because the land was already in possession of the PCC before its ownership was decided in favor of Ibai lineage.
Toribiong noted that the interest of 3 percent prescribed by 35 PNC Sec. 318(b) (2) and should continue to accrue until the principal amount of the compensation plus accrued interest thereon is paid.
The annual interest is $9,301.97 and daily interest is $25.48. The accrued interest as of April 30, 2007 is $33,689.87.