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THE March 8 District Court
hearing on the Ordot consent decree was long (three hours) and the GovGuam
side wasnt persuasive rambling, disjointed and contradictory
at times. Judge Manibusan appeared unsympathetic to the recurrent litany
of excuses offered by Assistant Attorney General Kennedy.
There were interesting moments, however: at one point, the judge berated
GovGuam for several minutes for what he considers radically misplaced
funding priorities. He specifically mentioned proposed COLA and EITC disbursements,
questioning how those rather narrowly applicable issues somehow trump
correction of the massive community environmental hazard that is Ordot,
and suggested that a contempt finding and some jail time might serve to
generate a sense of urgency in unnamed public officials.
One of the more interesting things addressed in the hearing, but afforded
little coverage in the media, is land acquisition for the Dandan landfill;
a bottleneck that must be resolved before anything else of substance can
occur.
Acquisition costs arent included in the estimated $60 million design/construction
estimates, which is probably why there are as yet no bidders on the project
those who might be interested dont have enough information.
Nobody yet knows what the property cost may ultimately be. There are apparently
several landowners involved, perhaps all singing different tunes. This
will most likely lead to condemnation proceedings, in which case GovGuam
must deposit with the court, in cash, its last and best offer for the
properties.
Much to the surprise of all those present at the hearing, Ms. Kennedy
assured Judge Manibusan that funds are available for the land acquisition.
That prompted the U.S. attorney, as amazed as everyone else to learn that
million of dollars (the precise amount yet to be determined) is on hand,
to request that condemnation proceedings begin next month.
This aspect of the issue probably warrants more attention and clarification:
if those millions actually do exist, exactly how much is it, and where
is it hiding?
DAVE DAVIS
Yigo, Guam
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