Terms Used In 12 Guam Code Ann. § 74101

  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
e Legislature hereby finds and determines that loans made pursuant to 12 Guam Code Ann., Chapter 72 (P.L. 16-111, Chapter II, Section 21) are not adequate to address the need of landowners to pursue appropriate remedies to redress the harm done to landowners as individuals and to Guam as a whole when a very substantial percentage of the land on Guam was taken by the Naval Government of Guam or the government of the United States through proceedings in eminent domain, or under threat of eminent domain, following World War II. Additional powers not necessarily set out in 12 Guam Code Ann. § 2103 or other sections of this title are

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granted to the Authority to accomplish the Legislative purposes set out in this Section. The legislature recognizes that the land takings have adversely affected nearly every family on Guam, that the land takings completely changed the lifestyle and economy on Guam from a self- sustaining agricultural way of life to an economy where the populace must obtain cash to provide for a livelihood, and that the prices paid for the land during the time of the takings is believed by the landowners to be much too low and therefore unfair. The legislature finds also that the public well-being has suffered severely and continuously from the loss of use of the land taken by the Naval Government of Guam or the United States government in that the development of the economy and future of Guam has been curtailed, particularly when adequate compensation to offset this loss, which could have been used for education, business ventures and other endeavors by the populace, has not been forthcoming. The Legislature further finds that recovery of land and adequate compensation for land takings by landowners will greatly benefit the Territory of Guam by increasing the tax base for future property tax assessments and by increasing receipts due the territory assessed on interest earned on recoveries by landowners according to the provisions of the Territorial Income tax. The purpose of this Chapter is to further and supplement the aims established under 12 Guam Code Ann., Chapter 72 (P.L.
16-111, Chapter II, Section 21) by declaring the following:
(a) That it is in the public interest to seek, from the Government of the United States, creation of an adequate program of remedies to the people of Guam in general and to their Government for the adverse public impact on Guam and its citizens of the land takings during and after World War II;

(b) That it is in the public interest to investigate and pursue, on behalf of all of the landowners, the taking of such initiatives as may be reasonably necessary to secure to the private landowners restoration of title, and where possible consistent with U.S. security requirements, possession of land improperly taken by the Naval Government of Guam or the United States government during and after World War II, and where possession cannot be restored due to U.S. security or other interests, to secure making of leasehold arrangements at present fair market values, to compensate such landowners for ongoing use and occupancy of their land by U.S. military authorities;

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(c) That it is in the public interest to secure to all landowners proper and just compensation for use of lands from time of taking until time of actual return of land or of making of proper leasehold arrangements;

(d) That it is in the public interest for landowners who desire to accept a settlement offer from the United States Government to be able to proceed with the necessary surveys, land valuations, legal work, consultant and support services already rendered or to be rendered in the future which will allow such a settlement to take place.