Guam § 75105 - Control by Commission of Available Lands; Return to Department.

§ 75105. Control by Commission of Available Lands; Return to Department.

Upon and after the enactment of this Chapter, all available lands shall immediately assume the status

of Chamorro homelands and shall be under the control of the Commission to be used and disposed of in

accordance with the provisions of this Chapter, except that:

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(a) In case any government land is under lease, permit or agreement at the enactment of this

Chapter, such land shall not assume the status of Chamorro homelands until the lease, permit or

agreement expires or the lands are withdrawn from the operation of the lease, permit or agreement. If

the land is covered by a lease, permit or agreement containing a withdrawal clause, the department

shall withdraw such lands from the operation of the lease permit or agreement whenever the

Commission gives notice to it that the lands are required by it for the purposes of this Chapter.

(b) Any available land as may not be immediately needed for the purposes of this Chapter, may

be returned to the department for management. Any Chamorro homelands so returned may be disposed

of under a general lease only. Each such lease, whether or not stipulated therein, shall be deemed made

subject to the right and duty of the department to terminate the lease and return the lands to the

Commission whenever the Commission gives notice that the lands are required by it for the purposes

of this Chapter. However, no lease shall be made for a term to exceed twenty-five (25%) years. All

income arising out of any lease or license entered into under this subsection shall be credited to and

deposited in the Chamorro Home Loan Fund.

(c) The Department, with the approval of the Commission, or the Commission may sell to any

contiguous landowner any fractional lot placed under its management which was created by the

adoption of the standard block system, or bull cart trails that no longer serve the transportation function

originally intended. The Chamorro Land Trust Commission shall offer any such land for sale to any

contiguous landowner of such property, on written application of such owner, provided:

(1) that the land is not contiguous to government property, does not serve as a utility

easement, or does not provide access to natural resources;

(2) that the sale price is based on the appraised fair market value having due regard to the

fair market value of contiguous properties, and that the price be paid in full in cash equivalent;

(3) that if the property extends into property other than that belonging to the applicant, that

the property to be sold shall be subdivided to align with the borders of such adjacent owners;

(4) that notice of the application shall be given to all owners of land within five hundred

(500) feet adjacent to the applicant’s land;

(5) that where the land to be sold adjoins land in addition to the applicant’s land, and such

adjacent owner timely objects to the application, the land shall be sold by the highest cash price

bid at an auction conducted, to include the applicant and any other adjacent owner objecting, it

being a condition of sale that the highest price bid is not less than the appraised fair market value;

and

(6) that unless expressly provided otherwise, any use of the term “owner,” in relation to

interests in real property, in this Title, as well as any derivative thereof, including, but not limited

to, “landowner” or “property owner,” is presumed to mean an owner in fee simple or absolute

fee, and to exclude any other estate or interest therein.

(d) In the management of any retained available lands not required for leasing under § 75107, the

Commission may lease or license such lands to the general public. Any lease or license made under

this subsection shall comply with the conditions of subsection (b) above.

(e) The Commission may, in order to consolidate its holdings or to better effectuate the purposes

of this Chapter, exchange the title to available lands for land of an equal value. All lands so acquired

by the Commission shall assume the status of available lands as though the same were originally

designated as such under § 75104.

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(f) The Commission shall not lease or license any available land until it is registered under the

provisions of Chapter 29 of this Title (Land Title Registration Law).

(g) The Commission shall utilize Lot No. 382-R1, Inalåhan, containing an area of 304.76 acres

and being Chamorro Homelands, only for affordable housing