House wants voters to decide on land alienation issue in 2011

Those who voted against Rep. Heinz S. Hofschneider’s House Legislative Initiative 16-4 said CNMI voters are scheduled to vote on Article 12 in 2011 anyway.

Article 12 of the CNMI Constitutions states that only people of NMI descent can own land in the commonwealth.

H.L.I. 16-4 had to get the three-fourths vote of both houses of the Legislature before it could be placed on the 2009 general election ballot.

Those who voted in favor of it were: Hofschneider, R-Saipan; Reps. Tina Sablan, Ind.-Saipan; Edwin P. Aldan, Covenant-Tinian; Diego T. Benavente, R-Saipan; Frank S. Dela Cruz, Covenant-Saipan; Victor B. Hocog, Ind.-Rota; Raymond D. Palacios, Covenant-Saipan; Ed T. Salas, R-Saipan; Stanley T. Torres, R-Saipan, and House Minority Leader Oscar M. Babauta, Covenant-Saipan.

 Those who voted against it were: Speaker Arnold I. Palacios, R-Saipan; Vice Speaker Joseph P. Deleon Guerrero, R-Saipan; House Floor Leader Joseph N. Camacho, R-Saipan; Saipan Republican Reps. Dave M. Apatang; Joseph C. Reyes; Rosemond B. Santos; Ray A. Tebuteb; Ralph DLG. Torres; and Ray Yumul.

Rep. Justo S. Quitugua, D-Saipan, was absent.    

A total of seven public hearings were held on Saipan, Tinian and Rota before H.L.I. 16-4 was scheduled for a vote on the House floor.

Sablan said the initiative initially proposed to both extend the lease terms permitted on private property from 55 years to 75 years as well as reduce the Northern Marianas descent requirement for corporations from 100  to 51 percent.  

“Many members objected to the latter part of the proposal, observing that the NMD requirement for corporations had been the subject of litigation in the past, and had been changed to 100 percent during the 2nd constitutional convention for good reason,” she said in a statement to the media.

Babauta’s amendment removing the clause pertaining to corporations was accepted.

A lengthy deliberation ensued but nine of the members were convinced that land alienation issue should be decided in 2011 as mandated by the CNMI Constitution.

“Members who opposed placing the initiative on the ballot argued that we should wait until 2011 to decide on the Article 12 question as provided by the Covenant, and that the economic arguments in favor of amending Article 12 were misleading, and land alienation laws had little to do with the present state of the CNMI economy,” said Sablan.

“I pointed out that the initiative would not mandate 75-year leases or the termination of existing leases for that matter, but would simply expand the pool of potential lessees to property owners so that individuals who do choose to enter into new lease agreements can get a better deal for their land,” she added.   

Still, she said, some members were worried that “outsiders” or those who are not of NMI-descent might ultimately be allowed by the courts to vote on the land alienation issue.  

 

 

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