Guam § 15107 - Eminent Domain: Lands, Easements, or Rights of Way for

§ 15107. Eminent Domain: Lands, Easements, or Rights of Way for

Public Use; Taking of Possession and Title; Authority; Procedure.

In any proceeding in any court of the Territory of Guam which has

been or may be instituted by and in the name of and under the authority of

the government of Guam for the acquisition of any land, or easement, or

right of way in land for the public use, the petitioner may file in the cause,

with the petition or at any time before judgment, a declaration of taking

signed by the authority empowered by law to acquire the lands described in

the petition, declaring that said lands are thereby taken for the use of the

government of Guam. Said declaration of taking shall contain or have

annexed thereto—

(1) A statement of the authority under which and the public use for

which, said lands are taken.

(2) A description of the lands taken sufficient for the identification

thereof.

(3) A statement of the estate or interest in said lands taken for such

public use.

(4) A plan showing the lands taken.

(5) A statement of the sum of money estimated by said acquiring

authority to be just compensation for the land taken.

Upon the filing of said declaration of taking and of the deposit in the

court, to the use of the persons entitled thereto, of the amount of the

estimated compensation stated in said declaration, title to the said lands in

fee simple absolute, or such estate or interest therein as is specified in said

declaration, shall vest in the government of Guam, and said lands shall be

deemed to be condemned and taken for the use of the government of Guam,

and the right to just compensation for the same shall vest in the persons

entitled thereto; and said compensation shall be ascertained and awarded in

said proceeding and established by judgment therein, and the said judgment

shall include, as part of the just compensation awarded, interest at the rate

of six percent (6%) per annum on the amount finally awarded as the value

of the property as of the date of taking, from said date to the date of

payment; but interest shall not be allowed on so much thereof as shall have

been paid into the court. No sum so paid into the court shall be charged with

commissions or poundage.

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Upon the application of the parties in interest, the court may order that

the money deposited in the court, or any part thereof, be paid forthwith for

or on account of the just compensation to be awarded in said proceeding. If

the compensation finally awarded in respect of said lands, or any parcel

thereof, shall exceed the amount of the money so received by any person

entitled, the court shall enter judgment against the government of Guam for

the amount of the deficiency.

Upon the filing of a declaration of taking, the court shall have the

power to fix the time within which, and the terms upon which, the parties in

possession shall be required to surrender possession to the petitioner. The

court shall have power to make such orders in respect of encumbrances,

liens, rents, taxes, assessments, insurance, and other charges, if any, as shall

be just and equitable.