Control by Commission of Available Lands; Return to Department

Upon and after the enactment of this Chapter, all available lands pursuant to § 75A104 of Chapter 75A and § 75104 of Chapter 75, which includes Chamorro homelands, shall immediately assume the status of Chamorro Land Trust Property 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:

(a)In case any government land is under lease, permit or agreement upon the enactment of this Chapter, such land shall not assume the status of Chamorro Land Trust Property until the lease, permit or agreement expires or the lands are withdrawn from the operation of the lease, permit or agreement.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 Land Trust Property so returned may be disposed of under a general lease only. Each such lease, whether or not stipulated therein, shall be 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 into 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 CH. 75A CHAMORRO LAND TRUST COMMISSION EFFECTIVE JANUARY 1, 2021

(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 § 75A107, 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)of this Section.

(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 or higher 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 21 GCA § 75104 and 21 GCA § 75A104.

(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 Land Trust Property, only for affordable housing.