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Terms Used In 12 Guam Code Ann. § 5127

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
In any proceedings in eminent domain to fix or assess just compensation, evidence or testimony bearing upon the following matters shall be admissible, in addition to evidence or testimony otherwise admissible, and shall be considered in fixing such compensation:

(a) Any use, condition, occupancy or operation of such property, which is unlawful or violates or is subject to elimination, abatement, prohibition or correction, under any law or regulatory measure, in Guam, as being unsafe, substandard, unsanitary or otherwise contrary to the public health, safety, morals or welfare.

(b) The effect on the value of such property of any such use, condition, occupancy or operation or of the elimination, abatement, prohibition or correction of any such use, condition, occupancy or operation.

(c) Testimony or evidence that any public agency or officer charged with the duty so to do has rendered, made or issued any judgment, decree, order, determination or finding for the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation, which official action shall be prima facie evidence of the existence and character of such use, condition, occupancy or operation, but shall not be a condition precedent to the admissibility of the evidence or testimony described in Subsections (a) and (b), above.

SOURCE: GC § 13925.

COL4122017
12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY

NOTE: Subsection designations altered pursuant to the authority of 1 Guam Code Ann. § 1606. Internal references altered to reflect the change.