Guam § 5127 - Testimony Admissible in Eminent Domain Proceedings to

§ 5127. Testimony Admissible in Eminent Domain Proceedings to

Fix Compensation.

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.