In his order dated Oct. 27, 2008, Munson orded the defendants to bring the same amount plus per diem interest of $31.35 per day from Oct. 24, 2008 until the date the judgment is satisfied.
Munson said the defendants should render the unpaid balance to the plaintiff on Nov. 7, 2008. The defendants are also ordered to certify to the court how they executed the writ.
This includes funds held in bank accounts, goods and chattels and any other personal property the defendants caused to be retained in the unpaid balance.
The writ of execution stated that on Dec. 8, 2006, Camacho recovered from the defendants damages in the amount of $240,749.50 for the principal balance unsatisfied on the judgment rendered, and $239,397 plus costs awarded of $1,352.50 for an aggregate balance of $240,759.50.
Early this month, the federal court ordered Camacho not to attempt to enforce the $239,397 judgment he had obtained against the Department of Public Lands as the successor of the defunct Marianas Public Lands Authority until Oct. 24, 2008, to allow the parties to reach a mutually agreeable method to pay the judgment.
The judge said if no agreement could be reached within that time, the plaintiff should pursue the remedies sought in his motion, including a writ of execution.
A federal jury found DPL, as the successor of the defunct MPLA, liable to pay $239,397 to Camacho over the taking of his land in Gualo Rai.
Camacho’s property was taken on Feb. 28, 1992 when the fair market value of his land was $95 per square meter.
DPL appealed to the U.S. Court of Appeals for the Ninth Circuit which dismissed it in Aug. 2007 for the department’s failure to file an opening brief.
DPL said it has no means to enforce the judgment without an appropriation by the Legislature.
But the federal court said it can enforce its judgments against CNMI government agencies even without appropriated money from the Legislature to satisfy such judgments.
“The failure of the Legislature to fulfill its constitutional mandate does not, cannot, and will not prevent the court from taking all necessary steps to ensure that its judgments are enforceable,” Munson earlier stated.
