7 GCA § 11311.1

Inverse Condemnation

Guam Code AnnotatedTitle 7 — Judiciary and Civil Procedure

Any person whose land was expropriated for public purposes by the government of Guam between August 1, 1950, and July 1, 1994, and who has not been compensated by the government of Guam for such taking may institute an action for inverse condemnation. In any taking by the government of Guam after July 1, 1994, in which the government fails to follow the eminent domain provisions of Title 21, Guam Code Annotated, the person whose land is taken shall have four

(4)years from the time of such taking to institute an action for inverse condemnation. An action shall lie for the taking of a person’s fee or for lesser compensable interest in the property which has been expropriated by the government of Guam without according the person due process. In any action for inverse condemnation in which an award is made to a person for a taking, the court shall also award reasonable attorney’s fees and costs.

§ The story of this section

Enacted by P.L. 22-73 § 9 — introduced as Bill 318-22 · introduced by Ted S. Nelson + 2 cosponsors
Amended by P.L. 23-128 § IV — introduced as Bill 517-23 · introduced by Ted S. Nelson + 2 cosponsors

Interpreted by the courts:

2003 Guam 4 — Ursula U. Fleming vs. Mary Ann F. Quigley and James R. Quigley (2003) · per F. Philip Carbullido, J.
2005 Guam 11 — Frances H. Cepeda, Plaintiff-Appellee, vs. Government of Guam, Defendant-Appellant (2005)
2013 Guam 1 — Carl T.C. Gutierrez, Plaintiff-Appellant, v. Guam Power Authority, Government of Guam, Defendant-Appellee (2013) · per Robert J. Torres, J.

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.