Rep. Heinz S. Hofschneider, R-Saipan and author of H.B. 16-206, on Friday said he will discuss this issue with the House legal counsels.
“In no uncertain terms, I must, respectfully urge you to veto this legislation as it is unconstitutional,” Del Rosario said in a letter on Thursday to acting Gov. Timothy P. Villagomez.
He cited Article XI, Section 5(g) of the Constitution which states that the Marianas Public Lands Corp. and its successors “shall receive all moneys from…public lands…and shall transfer these monies after the end of the fiscal year to the Marianas Public Land Trust except that the corporation shall retain the amount necessary to meet reasonable expenses of administration and management, land surveying, homestead development and any other expenses reasonably necessary for the accomplishment of its functions.”
According to Del Rosario, “nowhere in the [CNMI] Constitution is there any mention that [DPL’s] duties include land compensation. …[A]s DPL is limited to funding itself and MPLT, any legislative attempt to add additional obligations such as land compensation in an attempt to avoid tough political choices is unconstitutional.”
He said if the bill becomes law, “I will direct my legal department to defend DPL to the fullest extent possible.”
Co-sponsored by Rep. Stanley T. Torres, R-Saipan, H.B. 16-206 stated that DPL’s responsibilities include land compensation “in cases where land exchange is not a viable or desirable option.”
DPL has been sued over land compensation payments, the bill added.
Land compensation judgments usually include interest, which is compounded until the judgment is paid in full, “making it imperative that the judgments are paid as soon as possible,” the bill stated.
The bill will allow DPL to pay land compensation judgments by using its operations fund bank accounts.
On Jan. 8, the Superior Court ordered DPL to pay $1.8 million to the heirs of Rita Rogolifoi as compensation for the family’s As Mahetog lands that were used by the government for public projects in 1976 and 1992.
In Oct. 2008, the federal court ordered the U.S. Marshal Service to seize DPL funds held in bank accounts, goods, and any other property to satisfy over $263,000 in judgment, costs, and interest awarded to Antonio S. Camacho.
DPL’s predecessor, the Marianas Public Lands Authority, owed Camacho $234,000 for his land in Gualo Rai that was taken by the government.
In his ruling, U.S. District Court for the NMI Chief Judge Alex Munson said the court can enforce its judgments against the CNMI government even if the Legislature has not appropriated money to satisfy those judgments.
Del Rosario described the ruling as “unfair.”
