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Wednesday, February 17, 2016
Property Rights Court for Guam?
By Robert Thomas @ 10:23 AM :: 4005 Views :: Land Use

Time For A "Property Court?" Guahan (aka Guam) May Be Getting One

by Robert Thomas, InverseCondemnation, February 16, 2016

Hawaii has recently become the second jurisdiction to create an Environmental Court, a topic which we're written about earlier ("What You Need To Know About Hawaii's New Environmental Court"). We've asked whether Hawaii also might need a Property Rights Court, too.

Well, it looks like the good people of Guahan ("Guam" in the old parlance) may beat Hawaii to the punch, because according to this story, the Legislature is considering creating a special court to handle "inverse condemnation cases as well as real property boundary disputes and land registration proceedings." See "Landowner compensation bill again up for debate."

The bill would streamline the settlement process of what’s known as “inverse condemnation” – when the government takes land but does not compensate the owner. According to the bill, agencies that took private property would be required to pay for any costs associated with proving the claims instead of the landowner doing so.

For decades, the government of Guam has neglected to compensate numerous landowners for taking all or portions of certain property for roads, utilities and other public purposes.

The measure would also create a division at the Superior Court of Guam called the Land Division.

Something to consider, perhaps? We aren't holding our breath.

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