Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698747040505.pdf (Micronesia, Federated States of)
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA THIRD SPECIAL SESSION, 2017 C.B.

NO.

20-113 A BILL FOR AN ACT To amend the Code of the Federated States of Micronesia by creating a new title 13 thereof, for the purpose of establishing the procedures to be followed by the National Government of the Federated States of Micronesia in exercising its power of eminent domain, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.
The Code of the Federated States of Micronesia 2 is hereby amended by creating a new title 13 entitled: “Eminent 3 Domain.” 4 Section 2.

Title 13 of the Code of the Federated 5 States of Micronesia is hereby amended by inserting a new 6 chapter 1 entitled: “General Provisions”.

7 Section 3.

Title 13 of the Code of the Federated 8 States of Micronesia is hereby amended by inserting a new 9 section 101 of chapter 1, to read as follows: “Section 101.

Purpose.
Purpose.

It is the purpose of this title to set up procedures to be followed by the National Government of the Federated States of Micronesia in the exercise of its inherent power to acquire real property by eminent domain.” Section 4.

Title 13 of the Code of the Federated States of 16 Micronesia is hereby further amended by inserting a new section 17 102 of chapter 1, to read as follows: CBL 20-124 C.B.

NO.

20-113 “Section 102.

Definitions.
Definitions.

For the purposes of this title, the following terms shall be given the meanings described herein: (1) 'Eminent domain’ is the right of the National Government to condemn property for public use or purposes and to appropriate the ownership and possession of such property for such public use upon paying the owner a just compensation to be ascertained according to the law.

(2) 'Public use' shall be construed to cover any use determined by the President to be a public use.” Section 5.
Title 13 of the Code of the Federated States of 13 Micronesia is hereby amended by inserting a new chapter 2 14 entitled: “Procedures and Proceedings”.

15 Section 6.

Title 13 of the Code of the Federated States 16 of Micronesia is hereby amended by inserting a new section 201 17 of chapter 2, to read as follows: “Section 201.

Complaint.
Complaint.

A complaint must be brought in the trial division of the Supreme Court in the name of and on behalf of the National Government of the Federated States of Micronesia as plaintiff by the Attorney General and must contain: (1) The names of all owners and claimants of the property, if known, or a statement that they are 2 of 8 C.B.

NO.

20-113 unknown, who must be called defendants.

(2) A statement of the right or authority of the plaintiff.
(3) A description of each parcel of land to be acquired and a statement of what interest in the land is desired by the plaintiff.

(4) A general statement of the purpose of the taking.” Section 7.

Title 13 of the Code of the Federated States of 10 Micronesia is hereby amended by inserting a new section 202 of 11 chapter 2, to read as follows: “Section 202.

Failure of parties to appear at proceedings.


In the event of the failure of any of the parties specified in section 201 of this chapter to appear in the proceedings, the court shall, nevertheless, proceed to fix the amount of compensation and order that the amount be paid by the government, without interest, to the rightful claimants on demand at any time within seven years from the date of the final judgment.” Section 8.
Title 13 of the Code of the Federated States of 22 Micronesia is hereby amended by adding a new section 203 of 23 chapter 2, to read as follows: 24 25 “Section 203.

Issuance and service of summons.

(1) The clerk of courts shall issue a summons that 3 of 8 C.B.

NO.
NO.

20-113 shall contain the names of the parties, a general description of the whole property, or a reference to the complaint for the description of the land, and a notice to the defendants to appear in the proceedings.

When the defendants are known the summons shall be served by delivering to them a copy thereof along with a copy of the complaint.
If the defendants, whether known or unknown, cannot be found, then a copy of the summons and complaint shall be posted as follows: (a) On the property; (b) On the administration building or such other place where public notices are usually posted in the state center; (c) At a public place in a village located near the property; and (d) By delivering one copy of the summons and complaint to the magistrate of the municipality in which the property is situated.
(2) The service of the summons and the complaints or the posting thereof as provided herein shall be sufficient to give the trial division of the Supreme Court jurisdiction to proceed with and finally determine the case.” Section 9.

Title 13 of the Code of the Federated States of 25 Micronesia is hereby amended by inserting a new section 204 of 4 of 8 C.B.

NO.

20-113 1 chapter 2, to read as follows “Section 204.

Establishment of land value.


Upon a prima facie showing by the Attorney General that the property desired to be purchased by the government is for public use, the court must hear the parties and establish a fair value for the land.

The court may appoint three assessors to assist in the proceedings and perform such functions as the court may direct.
In the event assessors are appointed by the court, they shall take and subscribe an oath before the judge that they will faithfully perform their duties as assessors.

Section 10.

Title 13 of the Code of the Federated States of 14 Micronesia is hereby amended by inserting a new section 205 of 15 chapter 2, to read as follows: “Section 205.

Determination of ownership in event of dispute.


In the event there is a dispute over the ownership of the property that is the subject of an eminent domain proceeding, the court shall adjudicate and determine the ownership of the property as part of the proceedings.” 23 Section 11.

Title 13 of the Code of the Federated States of 24 Micronesia is hereby amended by inserting a new section 206 of 25 chapter 2, to read as follows: 5 of 8 C.B.

NO.

20-113 “Section 206.

Final judgment.
Final judgment.

The record of the final judgment in the proceedings shall state the particular land or interest in land that the government has acquired and the compensation to be paid to the defendants, and the clerk of courts shall issue a certificate of title in accordance with said judgment.” Section 12.
Title 13 of the Code of the Federated States of 9 Micronesia is hereby amended by inserting a new section 207 of 10 chapter 2, to read as follows: “Section 207.

Immediate possession procedure; generally.

In the event the government desires to enter into immediate possession of the property, the government shall file a declaration of taking and pay a sum of money that is considered to be the fair value of the property to the clerk of courts.
In addition to the requirements set out in section 203 of this chapter, the summons shall state the following: (1) That the plaintiff requires immediate possession of the property.

(2) That a sum of money that is considered to be the fair value of the property has been paid to the clerk of courts, which sum shall draw interest at the rate of three percent per annum from the date of the summons 6 of 8 C.B.

NO.
NO.

20-113 until claimed by the defendant or ordered paid to the defendant by the court.

(3) That the defendant may at any time claim and receive the money that has been deposited with the clerk of courts upon the execution of a quitclaim deed in favor of the plaintiff.

(4) Payment to the clerk of courts in accordance with this section shall entitle the government to take immediate possession of the land.” 10 Section 13.
Title 13 of the Code of the Federated States of 11 Micronesia is hereby amended by inserting a new section 208 of 12 chapter 2, to read as follows: “Section 208.

Same; possession after proceedings commenced.


In the event the government determines that it requires immediate possession of the property after eminent domain proceedings have been commenced, but before the rights of the parties and the amount of compensation are determined, a declaration of taking shall be filed in the court and a sum of money that is considered to be the fair value of the land shall be paid to the clerk of courts.
A summons shall be issued and served in the same manner as the summons in section 203 of this chapter, which shall refer to the original summons already served on the defendants, and shall otherwise 7 of 8 C.B.

NO.

20-113 1 2 3 conform to the requirements set out in section 207 of this chapter.” Section 14.

Title 13 of the Code of the Federated States of 4 Micronesia is hereby amended by inserting a new section 209 of 5 chapter 2, to read as follows: 6 7 8 9 “Section 209.

Costs of proceedings.


The costs in all cases brought under this title shall be paid by the plaintiff.” Section 15.

This act shall become law upon approval by the 10 President of the Federated States of Micronesia or upon it 11 becoming law without such approval.

12 13 Date: 12/4/17 Introduced by: /s/ Wesley W. Simina Wesley W. Simina of 8