Land Cases
by: MLSC Chuuk
Can the Chuuk State Government take my land?
Article IV of the Chuuk State Constitution provides:
"Traditional rights over all reefs, tidelands, and other submerged lands,
including their water columns, and successor rights thereto, are recognized.
The Legislature may regulate their reasonable use."
Chuuk State court decisions have interpreted that an individual has first rights over ownership of reefs, tideland, and other submerged lands, including water columns.
Further, Article XI, Section 2 of the Chuuk State Constitution also provides: "The
power to take an interest in land may only be exercised by the State
Government for a specified purpose of general public interest, as prescribed
by statute. Negotiations with the owner for voluntary lease, sale, or
exchange shall be fully exhausted and just compensation shall be fully
tendered before taking may occur. The Legislature shall provide for access
to the courts to ensure the good faith of the negotiations, the reasonable
necessity of the acquisition, and the adequacy of the compensation
tendered. Upon the termination of the public use fore which an interest in
land is involuntarily acquired, the State Government shall return and quit
claim the land to the owner or the owner's successor."
This means that the Government must come to an agreement for compensation with the owner before taking the land. When the government is done with the land, it has to return it to the owner or their heirs.
Court cases have interpreted "taking an interest in land" applies also to
tidelands, etc
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