Guam § 75107 - Leases to Chamorro, Licenses.

§ 75107. Leases to Chamorro, Licenses.

(a) The Commission is authorized to lease to native Chamorros the right to the use and occupancy of

a tract or tracts of Chamorro homelands within the following acreage limits per each lessee:

(1) not less than one quarter (0.25) acre, nor more than one half (0.50) acre for subsistence

agricultural or aquaculture farming;

(2) not less than one half (0.50) acre, nor more than twenty (20) acres for commercial agricultural

or aquaculture use;

(3) not less than one (1) acre, nor more than twenty (20) acres for grazing use; and

(4) not more than one (1) acre for any class of land to be used as a residential lot.

(b) The title to lands so leased shall remain in Guam. Applications for tracts shall be made to and

granted by the Commission under such regulations, not in conflict with any provision of this Chapter, as

the Commission may prescribe. The Commission shall, whenever tracts are available, enter into such a

lease with any applicant who, in the opinion of the Commission, is qualified to perform the conditions of

such lease.

(c) The Commission is authorized to grant licenses for terms of not to exceed twenty-one (21) years

in each case, to public utility companies, or corporations as telephone lines, electric power and light lines,

gas mains, and the like. The Commission is also authorized to grant licenses for lots within a village in

which lands are leased under the provisions of this section, to:

(1) churches, hospitals, public schools, post offices, and other improvements for public purposes;

(2) theaters, garages, service stations, markets, stores, and other mercantile establishments (all of

which shall be owned by lessees of the Commission or by organizations formed and controlled by said

lessees).

(d) Upon direction by statute from I Liheslatura, the Commission shall release to the department any

unleased available land designated for a public purpose. Such land will no longer be considered to be

Chamorro Homelands.

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(e) The Commission shall require two (2) appraisals of any commercial property to be leased or any

license to be issued as authorized by this Section. Appraisals shall be paid by the potential lessor or licensee,

and at least one (1) appraiser shall be chosen by the Commission.

(f) Nothing herein shall be construed to authorize the commercial lease or the license of Chamorro

Land Trust properties prior to the promulgation of rules and regulations, pursuant to the Administrative

Adjudication Act or adoption by I Liheslatura, to govern commercial leases and licenses.

(g) The Chamorro Land Trust Commission may also permit commercial leases to be subleased or

assigned under the following provisions, and if the sublease or assignment would be beneficial for the Trust:

(1) Commercial Sublease.

(A) The master lessee of the commercial lease shall be permitted to sublease rooms or space

within their established building structure for complementary commercial use as detailed in the

master lease agreement or subject to the prior written approval of the CLTC.

(B) This provision does not permit the subleasing of the leased land. Said commercial

sublease shall be allowed only with the prior written consent of CLTC, and shall not affect any

duty or obligation of the master lessee to CLTC.

(2) Assignment of Commercial Lease.

(A) A commercial lease may be assigned if the provisions of the original lease, and the duties

or obligations of the original lessee, do not change. Assignment shall not be permitted if the lease

or license was executed less than five (5) years prior; otherwise, the lease or license shall be put

through the competitive solicitation process.

(B) Said assignment of commercial lease shall be allowed only with the prior written consent

of CLTC.

(h) The Commission shall not serve eviction notices to individuals who presently reside and have

continuously resided on Chamorro Land Trust property prior to July 12,1995, and who are eligible under

the Act.

(1) Persons issued land use permits prior to July 12, 1995, and who qualify under this Subsection

or their successor pursuant to § 75109 of this Chapter will hereby maintain their home or farms,

adhering to all other requirements of the Act and the rules and regulations. The Commission shall

award leases to those that qualify under this Subsection, regardless of the date and time of the

application.

(2) In order to determine prior and continuous usage, an applicant must submit a government-

issued document indicating the start date of continuous usage, including, but not limited to, a Land

Use Permit (LUP) or Mayor’s certification.