Guam § 65502 - Voiding of Contract by Eminent Domain.

§ 65502. Voiding of Contract by Eminent Domain.

(a) When any action in eminent domain for the condemnation

of the fee title of an entire parcel of land subject to a contract is

filed or when such land is acquired in lieu of eminent domain for

a public improvement by a public agency or whenever there is any

such action or acquisition by the federal government or power of

the federal government, such contract shall be deemed null and

void as to the land actually being condemned or acquired as of the

date the action is filed and for the purposes of establishing the

value of such land, the contract shall be deemed never to have

existed.

(b) Upon termination of such a proceeding, the contract shall

be null and void for all land actually taken or acquired.

(c) When such an action to condemn or acquire less than all

of a parcel of land subject to a contract is commenced, the contract

shall be deemed null and void as to the land actually condemned

or acquired and shall be disregarded in the valuation process only

as to the land actually being taken, unless the remaining land

subject to contract will be adversely affected by the

condemnation, in which case the value of that damage shall be

computed without regard to the contract.

(d) When such an action to condemn or acquire an interest

which is less than the fee title of an entire parcel or any portion

thereof, or land subject to a contract is commenced, the contract

shall be deemed null and void as to such interest and for the

purpose of establishing the value of such interest only shall be

deemed never to have existed, unless the remaining interests in

any of the land subject to the contract will be adversely affected,

in which case the value of that damage shall be computed without

regard to the contract.

(e) The land actually taken shall be removed from the

contract. Under no circumstances shall land be removed that is not

actually taken, except that when only a portion of the land or less

than a fee interest in the land is taken or acquired, the contract may

be cancelled with respect to the remaining portions or interest

upon petition of either party and pursuant to the provisions of

Article 4.

(f) For the purpose of this section, a finding by the

Department that no authorized use may be made of the land if the

contract is continued on the remaining portions or interest in the

land may satisfy the requirements of subsections (a) and (b) of §

65401.