Guam § 65107 - Same: Same: If Actual Enemy Attack Occurs.

§ 65107. Same: Same: If Actual Enemy Attack Occurs.

In the event of actual enemy attack against the United States, I Maga’håga/Maga’låhi may declare

that a state of emergency exists, and thereafter I Maga’håga/Maga’låhi shall have and may exercise for

such period as such state of emergency exists or continues, the following additional emergency powers:

(a) To enforce all laws, rules and regulations relating to civil defense and assume direct

operational control of all defense forces in Guam.

(b) To seize, take or condemn property for the protection of the public or at the request of the

President, the Armed Forces or the Civil Defense Agency of the United States including:

(1) All means of transportation and communication;

(2) All stocks of fuel of whatever nature;

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(3) Food, clothing, equipment, materials, medicines and all supplies; and

(4) Facilities including buildings and plans;

(c) To sell, lend, give or distribute all or any such property among the inhabitants of Guam and

to account to the Guam treasurer for any funds received for such property.

(d) To make compensation for the property so seized, taken, condemned on the following basis:

(1) In case property is taken for temporary use, I Maga’håga/Maga’låhi, within ten (10) days

of the taking, shall fix the amount of compensation to be paid therefor; and in case such property

shall be returned to the owner in a damaged condition or shall not be returned to the owner, I

Maga’håga/Maga’låhi shall fix within ten (10) days the amount of compensation to be paid for

such damage or failure to return. Whenever I Maga’håga/Maga’låhi shall deem it advisable for

Guam to take title to property taken under this Section, she/he shall forthwith cause the owner of

such property to be notified thereof in writing, by registered mail, postage prepaid or by personal

delivery of such notice, and forthwith cause to be filed a copy of said notice, together with a

certificate of delivery, with the Secretary of Guam, and acceptance by the owner of the sum so

fixed by I Maga’håga/Maga’låhi shall operate to release and discharge the Government of any

and all liability in connection therewith;

(2) In the event that the owner declines to accept the compensation allowed by I

Maga’håga/Maga’låhi or is unable due to any legal disability to give her/his consent, the said

owner may, within thirty (30) days after the date I Maga’håga/Maga’låhi has declared that the

state of emergency contemplated in § 65106 has ceased to exist or within thirty (30) days after

the removal otherwise of all legal disability, whichever is the earlier, file with the court having

general jurisdiction of condemnation actions in Guam in which the government of Guam is a

party, a claim in writing and under oath stating that the property was taken by the Government, a

description of the property so taken and that the compensation allowed was not accepted; in which

case the court of Guam having general jurisdiction over condemnation proceedings in which the

government of Guam is a party shall have the jurisdiction over the amount in issue.

(e) To perform and exercise such other functions, powers and duties as may be deemed necessary

to promote and secure the safety and protection of the civilian population.