AN ACT 

To AMEND THE LAND COMPENSATION ACT OF 2002 (PUBLIC LAW 13-17), AND 

FOR OTHER PURPOSES. 

BE IT ENACTED BY THE THIRTEENTH NORTHERN MARIANAS 

COMMONWEALTH LEGISLATURE: 

Section 1. Amendments. The Land Compensation Act of 2002 (Public Law 13-17) 

is hereby amended as follows: 

(I) Section 3 (a) is amended to read as follows: 

(a) The Marianas Public Lands Authority shall hereby incur public 

debt in an amount up to $40,000,000, for the financing of the retirement of land 

compensation claims against the Commonwealth for land taking by eminent domain 

or other legal process. In accordance with 4 CMC § 10203(a)(27), the Marianas 

Public Lands Authority shall an·ange for the public debt mandated under this Act in 

cooperation with, and subject to the approval of, the Commonwealth Development 

Authority. 

(2) Subsection (e)(ii) of 4 CMC § 1803, enacted by Public Law 13-17, is 

hereby amended as follows: 

(ii) After the amount in subparagraph (i) has been transferred, and 

notwithstanding any law to the contrary, on or before October 1, 2002 with 

MPLA securing the $40,000,000 mandated by PL 13-17, as amended, and 

annually thereafter, the Department of Finance shall deposit the balance 

amount of the liquid fuel tax collected under 4 CMC § 1403(a) and the entire 

amount of the aviation tax collected under 4 CMC § 1403(b) into the Land 

Compensation Fund. Such funds shall be continually appropriated to the 
and interest on any financing authorized by PL 13-17, as amended. Provided, 

that, in til;! event the amount in the Land Compensation Fund is insufficient to 

cover any requisite payment, the Governor is hereby authorized, 

notwithstanding any contrary law, to pay the remaining balance from the 

general fund. The funds in the Land Compensation Fund shall be nonlapsing, 

except, upon certification by the Secretary of Finance that all principal and 

interest on all financing has been paid in full and discharged, any funds 

remaining in the Land Compensation Fund shall lapse to the general fund. 

(3) The Land Compensation Act of 2002 (Public Law 13-17) is further 

amended by adding the following new sections 9-14, and by renumbering affected existing sections accordingly: 

"Section 9. Method for Valuation of Land. For purposes of this Act, 

land owners shall receive just compensation based on the fair market value of 

the land at the time of taking by the Commonwealth. MPLA may use as a 

guide the procedures set forth in 2 CMC §§ 4712(a)(2) and (3) to determine 

fair market value at the time of taking. 

Section 10. Administrative Hearing. 

(a) If, upon a written offer of just compensation, a land owner disputes 

the method used to detennine, or the amount of, the just compensation offered 

by the Commonwealth to resolve the land compensation claim, the land owner 

shall have 20 days to make a written request for an administrative hearing to 

protest the offer. 

(b) For purposes of a hearing conducted pursuant to this section and 

for purposes of I CMC §§ 9109 and 9110: 

(1) "Agency" shall mean such hearing officer appointed by the 

Commissioner of the Marianas Public Lands Authority, and 

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(2) The agency shall have the general power subpoenas, to issue summon witnesses, require production, administer and other oaths, powers tbat may be necessary to effectively implement Act. this 

(c) All hearings shall be commenced within 30 days of the filing of the written protest by the land owner. Adequate notice shall be given pmties and opportunity to all shall be made available to them to present evidence as such they may desire. All hearings shaH be conducted pmsuant CMC § 9!09. to l 

(d) The agency shall upon concluding the hearing decision and issue findings, orders within 30 days. Issuance of findings, upon hearing orders and decisions shall be pursuant 

reviewable 

to I CMC § 9110, but shall not be judicially lmtil final. 

Section ll. Administrative Review. 

affected 

(a) 

by 

Within 15 days of the date of service upon any person or party fmdings, orders, or decisions of the agency made pursuant Section 10 of to this Act 1IIIY appeal notice. If no to the Board of Public Lands by written appeal is made 

of the original 

to the board within 15 days of the date of service findings, orders or decisions, the findings, shall be unreviewable orders or decisions administratively or ju:liciaUy. (b) Upon review, the board may at its discretion: 

( l) Restrict review to the existing record; (2) Supplement the record with new evidence; (3) Hear oral argument; or 

(4) Hear the matter de novo, in which case the hearing condu;;ted shaH be pursuantto I CMC §§ 9!09 and 9l!O. 

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