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Extension of Land Court and Bureau of Lands and Survey, RPPL 7-54 2008

RPPL No.07-54
(Re: as Senate Bill No. 7-255,
SD2, HD1)

AN ACT

To amend Chapter 13 of 35 PNC, as amended, to extend the time periods for the Bureau of Lands and Surveys and the Land Court to complete their work, to allow greater discretion to the Land Court, and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative Findings. The Olbiil Era Kelulau finds that it is necessary to extend again the time period for the Land Court and the Bureau of Lands and Surveys, whose terms are scheduled to expire on February 11, 2009 and October 30, 2008, respectively. The work of these two entities will not be completed by these dates, and an additional seven years term for the Land Court and an additional one year term for the Bureau of Lands and Surveys, is warranted in order to allow these entities to continue their important tasks. Moreover, the Olbiil Era Kelulau finds that the Land Court should have greater discretion in determining whether mediation is necessary, and in ordering the Bureau to take specific action on cases returned from the Land Court. These changes should facilitate the work of the Land Court and the Bureau of Lands and Surveys.

Section 2. Amendments. Chapter 13 of 35 PNC, as amended by RPPL 7-26, is hereby further amended to read as follows:

A. . . .

' 1304. Land Court responsibilities; Supreme Court.

(a) The Land Court, within a reasonable period of time not to extend beyond February 11, 2016, shall proceed on a systematic basis to hold hearings and make determinations with respect to the ownership of all land within the Republic.

(b) The Land Court shall award . . .

(1) that the land became part of the public land . . .

(2) . . . . All determinations of ownership pursuant to this section shall be made by February 11, 2016.

(c) Where the Bureau has issued the proper notice to the parties regarding monumentation, the 30 days to make a claim on the land has lapsed, the monumentation has been completed, and the only claimants to the land have resolved between themselves their claims, or where there is only one claimant to the land, the Land Court shall issue a determination of ownership, within 30 days of receipt of the monumentation documents from the Bureau, to those claimants in accordance with the agreement(s) between them, as the case may be. The Land Court shall give priority to matters in which the claimants have resolved their claims between themselves or in which the remaining claim is undisputed.

. . . .

' 1305. Bureau of Lands and Surveys responsibilities; land registration employees.

(a) The Bureau of Lands and Surveys within a reasonable time period not to extend beyond October 30, 2009, shall proceed on a systematic basis to ensure the designation of areas and survey of all lands and the monumentation of all land within the Republic. The Bureau's duties include, but are not limited to the registration of land claims, issuing the required notices under this Chapter, providing monumentation, providing Land Court with the required information for Land Court hearings and providing temporary and permanent mapping of Land parcels and boundaries with respect to the ownership of all land within the Republic. If the Bureau fails to provide proof of service of the required notices, monumentation, or other information required for Land Court hearings, the Land Court may, upon receiving an incomplete file from the Bureau, return such file with instructions identifying the deficiencies and ordering the Bureau to complete the file and resubmit the file to the Land Court within thirty (30) days.

. . . .

(d) The Bureau shall complete the surveying required under this section within a reasonable time period not to extend beyond October 30, 2009. The Ministry of Resources and Development....

(e) Each survey team shall prepare a monthly report detailing its work for that month, which shall include the number of lots surveyed within the monthly reporting period. The Director of the Bureau shall prepare a monthly report detailing the lands scheduled to be monumented and surveyed each month, and the actual work performed on these tasks. The Director of the Bureau shall transmit these reports to the President of the Republic, the Minister of Resources and Development, the Chairmen of the Senate and House Committees on Judiciary and Governmental Affairs, and the President of the Senate and the Speaker of the House of Delegates.

. . . .

' 1307. Mandatory monumentation.

(a) The Bureau shall schedule a monumentation to occur not less 15 working days after the 30-day period for filing claims has ended . . . The Director of Lands and Surveys shall appoint a surveyor and Registration Officer to coordinate and attend the monumentation. The surveyor and Registration Officer shall attempt to clarify any issues as they relate to land boundaries at the monumentation. Should a claimant at the monumentation not have an opinion on the boundaries of the land, the surveyor and Registration Officer shall monument the lot, not to exceed that which is in the Tochi Daicho. The Registration . . . .

' 1308. Mandatory mediation sessions.

(a) The Land Court shall, for all claims in which there remains a dispute regarding title or boundaries after the monumentation, schedule a mediation session within 25 days of receiving the file from the Bureau. However, where there is reason to believe that claims may not likely be resolved at mediation or where mediation is apparently unnecessary, the Land Court may bypass mediation and schedule a hearing for disputed cases or enter a determination of ownership for undisputed cases.

. . . .

' 1309. Notice of hearing and mandatory monumentation and mediation sessions; filing of claims.

(a) The Bureau shall, within 30 days of the effective date of this section, create a schedule for monumenting all parcels of unmonumented land within the Republic. The Bureau shall inform Land Court of this schedule and Land Court shall set a date for a Land Court hearing for all claims regarding that parcel. The Bureau shall not schedule the monumentation of, and no person shall file a claim to determine ownership of, lands that have been previously monumented and surveyed, although claimants may be permitted to claim up to the boundaries of such registered lands. All claims shall be filed with the Bureau no later than 30 days after the mailing of the notice. Any claim not timely filed shall be forfeited; however, persons listed on the Land Acquisition Records, who have not filed a claim, shall be deemed to have filed a claim for all parcels for which the Bureau has commenced a monumentation, but which have not been finally adjudicated, as of the effective date of the Act. The Bureau of Lands and Surveys shall not accept untimely claims or transmit the same to the Land Court.

(b) Before the Bureau commences a rnonumentation with respect to any claim, notice containing a description of the claim and the date, time, and place of the monumentation shall be given by the Bureau at least 45 days in advance of the monumentation as follows:

(1) by posting notice at the same office and the principal meeting place in the village in which or nearest to which the land is situated in both English and the principal local language of the state in which the land is situated.

. . . .

(3) by serving notice upon all persons personally known to the Registration Officer to claim an interest in the land, and to all persons listed on the Land Acquisition Records, by.

. . . .

' 1318. Rules and regulations.

(a) The Supreme Court, in consultation with the Land Court, shall promulgate such rules and regulations as it deems necessary to implement the provisions of this chapter. These rules and regulations shall be exempt from the provision of Chapter 1 of Title 6 of the Palau National Code.

(b) The Ministry of Resources and Development shall promulgate such rules and regulations as it deems necessary to implement the provisions of this chapter. These rules and regulations shall be exempt from the provision of Chapter 1 of Title 6 of the Palau National Code.

Section 3. Effective date. This Act shall take effect upon its approval by the President of the Republic of Palau, or upon its becoming law without such approval.

PASSED: October 23, 2008

Approved this 30th day of Oct. , 2008.

/s/
Tommy E. Remengesau, Jr.
President
Republic of Palau