“The government has exhausted the land compensation funds,” he said. “Until funds are appropriated, all claims for monetary compensation for lands taken by the government for public purpose are currently put on hold.”
Del Rosario responded to a letter from Godfrey S. Mendiola, who threatened to prevent public access to his property on Rota if the government will not compensate his family for the land taken by the government.
Early this month, the House passed a legislative initiative that will amend Article XI, Section 5(g) of the CNMI Constitution to authorize the Department of Public Lands to reserve 20 percent of its operational expenses to pay and satisfy land compensation claims.
The legislators said more than 100 land compensation claimants are waiting to resolve their land compensation claims with the government, adding that many of the claimants have passed away without the benefit of being compensated.
In his letter to Mendiola, Del Rosario said DPL is soliciting appraisal proposals from qualified appraisal firms.
“The firm selected by DPL will determine the fair market of the property,” he said. “This is a necessary prerequisite in order to move forward with the processing of compensation for the heirs of Juan M. Mendiola.”
Mendiola, son of Santiago A. Mendiola, said they are against the exchange of the Agusan/Swimming Hole property in Gaonan without just appraisal value and fair compensation “including the compensation for punitive damages, back-pay, interests, mental anguish and, most of all, economic loss.”
Del Rosario said the two lots in Goanon were originally part of public land which had been exchanged for a private land owned by the Estate of Juan M. Mendiola.
He said the government, in its effort to expand the existing public roadway to the Swimming Hole, found it necessary to acquire a portion of the lot.
On Jan. 20, 2004, he said then-Gov. Juan N. Babauta issued a certification for the acquisition of 15,408 square meters of land from Lot no 222 R 01 for public right-of-way. This was then divided into two parcels.
Godfrey Mendiola said he will “close” his property after the Rota fiesta in October.
But Del Rosario said if Mendiola obstructs the use of the public roadway, DPL will refer the case to the Office of the Attorney General for criminal prosecution.
