Category: Land

Bill to Advance Chamorro Land Trust Program Reaches Voting File

FOR IMMEDIATE RELEASE (November 23, 2020 – Hagåtña, Guam) – Senator Therese Terlaje, Chair for the Committee on Health, Tourism, Historic Preservation, Land and Justice, with the support of her colleagues in the 36th Guam Legislature, successfully moved to the voting file Bill No. 419-35, As Substituted by Committee and further substituted on the floor, AN ACT TO ADD A NEW CHAPTER 75A AND TO AMEND § 75109(a) OF CHAPTER 75, BOTH OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO PRESERVING THE LAND RESTORATION AND JUSTICE MISSION OF THE CHAMORU LAND TRUST.

The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.

Senator Terlaje thanked the many people who fought tirelessly to preserve the Chamorro Land Trust program including the late Senator Paul Bordallo, Senator Dick Taitano, Senator Angel Santos and Ed Benevente.  She also recognized the recent work of those who represented the best interests for the people of Guam during the settlement agreement which included former Chairperson of the Chamorro Land Trust Commission, Pika Fejeran, former Deputy Attorney Ken Orcutt, Attorney Mike Phillips, Deputy Attorney James Canto, among others.

Terlaje closed discussion on the session floor stating, “I am honored to be part of ensuring the history of the Chamorro Land Trust Act and its original intent to provide justice to those whose land was taken. As I said at the hearings on these bills, we have seen firsthand the impact of the massive land takings on Guam’s families.  Too many of our families live in poverty and decades later, without a stable place to live, and their ability to use the land to provide for their families is severely disrupted. It took years of vision, courage, advocacy, protests, and even lawsuits to get where we are today and in honor of those who preserved these rights, we must never stop fighting for, protecting, and expanding the potential of this land and its precious resources to nurture and sustain future generations.

It is our duty as lawmakers to safeguard the land restoration mission of the Trust, to protect the Trust from being raided by special interests; to manage the Trust better and to make it more conducive to thriving residences, agriculture, and cottage industries; and to carry these homeland programs into perpetuity for future generations as intended, so that we may truly remedy the long-term injustice of these massive land takings.”

The Oversight Chair thanks her colleagues in the 36th Guam Legislature for moving the measure forward and their words of support during today’s discussion on the bill.

Bill 419-35 is in the Third Reading File pending a vote at the close of session.

To read a copy of Bill No. 419-35 click here:Download

To see the full discussion on Bill No. 419-35 during session, please see the video below:

Overwhelming Support for Bill No. 419-35 to Expand Chamorro Land Trust Program; Additional Virtual Public Hearing Scheduled for November 9th

FOR IMMEDIATE NEWS RELEASE (November 5, 2020- Hagåtña, Guam) 

On Thursday, Bill No. 419-35, introduced by Senator Therese Terlaje, Chair for the Committee on Land, was heard publicly during a Committee virtual hearing.  Bill No. 419-35, is an Act relative to preserving the land restoration and justice mission of the CHamoru Land Trust.

CLTC Commissioner Arlene Bordallo, former CLTC Chairman Pika Fejeran, CLTC Administrative Director Jack Hattig, Deputy Attorney General James Canto, and Attorney Michael Phillips provided testimony in strong support of Bill No. 419-35.

The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.

“It [Bill No. 419-35] lifts the cloud that I believe has muddled the general public’s understanding of the Chamorro Land Trust Program.  When I joined the Commission in 2016, even up to today, there are a lot of people in the general public that don’t understand that the CLTC program is not a discriminatory program.  It really is a compensatory program that is meant to rectify the wrongs done in the past.” stated Pika Ferejan during the public hearing. 

Fejeran went on to state, “I urge all of the senators to please support this bill as it is written.  The settlement agreement that we agreed to, all of the points are in this bill.  It more clearly defines the program as a land restoration program.  It also expands eligibility for our program to more accurately find and provide land to all of those that were affected by the land takings, and it also provides a compassionate measure in certain instances for life estates for spouses of eligible lessees. I also appreciate language in the bill that plainly states that the bill and the settlement does not absolve the U.S. from returning or restoring other lands to the people of Guam.”

Director Hattig registered his support at the hearing by stating, “There are three key aspects of the legislation that are of great benefit to the Trust beneficiaries: 1) it preserves the program in its entirety after many years of hard fought legal challenges from its implementation to its fundamental eligibility requirements in such a way that no current leaseholder will be adversely affected, 2) it clearly restates the eligibility requirements that are not discriminatory, and 3) it further expands said eligibility to persons who farmed, ranched or otherwise occupied land and their descendants. So I urge the Legislature to please support this very important piece of legislation as we will finally move forward with the Land Trust mission.”

Deputy Attorney General Canto stated, “While we do defer to this body on public policy decisions affecting the Chamorro Land Trust Act and the Chamorro Land Trust Commission, we offer our wholehearted support for Bill No. 419, as introduced, to the extent that it includes the required amendments, and therefore meets the terms agreed to by our clients and the other parties of the settlement agreement.”

Attorney Michael Phillips, who was instrumental in enlightening the federal court and Department of Justice of the Guam story regarding land takings during settlement agreement negotiations, provided history and background on the Chamorro Land Trust Act.  In his testimony of support of Bill No. 419-35 he said, “My intent is to ensure that if your kids or their kids ever have to tell the Guam story again, that we have it somewhere because that’s really what we were missing here.” Phillips ended his testimony by further stating, “This is historic and it’s a really good day for the people of Guam.”

“I am grateful for everyone who has preserved the Chamorro Land Trust program for us, who never stopped fighting for, protecting, and expanding the potential of this land and its precious resources.  This bill recognizes the land use history of the people of Guam and will expand residential and agricultural leases to those individuals and their descendants whose use of land on Guam was disrupted due to land takings.  I am very honored to be part of ensuring that the original intent of the Chamorro Land Trust Act is protected,” stated Senator Therese Terlaje.

Another virtual public hearing on Bill No. 419-35 is scheduled for November 9th at 5:00 p.m. to solicit more input from the community.  Senator Terlaje is inviting all members of the community to provide oral or written testimony.  You may register with the Office of Senator Therese Terlaje for the November 9th virtual public hearing by emailing senatorterlajeguam@gmail.com or calling 472-3586.

To view the full public hearing, please see video below:

Senator Therese Terlaje seeks to expand Chamorro Land Trust program for descendants of those whose ownership or use of land on Guam was unjustly disrupted by land takings

 FOR IMMEDIATE NEWS RELEASE (October 12, 2020- Hagåtña, Guam) 

On Friday, Senator Therese Terlaje, Chair for the Committee on Land, introduced Bill No. 419-35, an Act relative to preserving the land restoration and justice mission of the CHamoru Land Trust.

The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.

“We have seen firsthand the impact of the massive land takings on Guam’s families, too many who live in poverty over eight decades later, without a stable place to live, and their ability to use the land to provide for their families severely disrupted.  It took years of vision, courage, advocacy, protests, and even lawsuits to get where we are today and in honor of those who preserved these rights for us, we must never stop fighting for, protecting, and expanding the potential of this land and its precious resources to nurture and sustain future generations  It is our duty as lawmakers to safeguard the land restoration mission of the Trust, to protect the Trust from being raided by special interests; to manage the Trust better and make it more conducive to thriving residences, agriculture, and cottage industries; and to carry these homeland programs into perpetuity for future generations, so that we truly remedy the long-term injustice of massive land takings,” said Senator Therese Terlaje.

The Chamorro Land Trust law was authored by then Senator Paul Bordallo and passed by the 12th Guam Legislature in 1975.   No Governor appointed members to the Commission, until protests, a campout, and a lawsuit brought by Attorneys Mike Phillips, Mike Bordallo, and Therese Terlaje on behalf of the Nasion Chamoru, led by Angel Santos and Ed Benavente, ordered Governor Joseph Ada to appoint the first Commission in 1992.  The rules and regulations were authored by then Senator Angel Santos and enacted by the 23rd Guam Legislature.  This bill recognizes the land use history of the people of Guam and will expand residential and agricultural leases to those individuals and their descendants whose use of land on Guam was disrupted due to land takings.

Download a copy of Bill No.-419-35-COR here:Download

Statement from Senator Therese Terlaje on CLTC Finalized Settlement Agreement

FOR IMMEDIATE RELEASE (June 5, 2020 – Hagåtña, Guam) – In late December, we received the Resolution from CLTC with the initial term sheet of an agreement. My Committee held an oversight hearing on January 9th and was advised that the settlement agreement was still pending.

I corresponded with Assistant AG Canto, Attorney Phillips and the CLTC Chair after the hearing regarding draft legislation, and it is my understanding that settlement discussions with DOJ continued even through the pandemic. Although the Legislature was not present at the conferences, the agreement was finally adopted by CLTC in late May.

Today’s filed agreement indicates the AG and Governor have also signed on. Of course, the committee will do its due diligence to consider the proposed amendments to statute outlined in the final agreement.

Statement from Vice Speaker Therese Terlaje on Bill 204-34 (COR) and Bill 222-34 (COR)

FOR IMMEDIATE NEWS RELEASE (May 1, 2018 – Hagåtña)

Statement from Vice Speaker Therese Terlaje on Bill 204-34 (COR):
I commend the students of Simon Sanchez for their persistent efforts over the years to implore the Governor, the legislature and their superintendent to act in their best interest. I stand beside them in demanding that they promptly get a school campus that is safe and conducive to learning. It is also my job to ensure that special, unprecedented procurement policy includes accountability and efficiency that the people of Guam deserve.

Bill 204 does not directly address what got us here in the first place, the failures to follow procurement rules and regulations and the lack of clarity on what GDOE wanted, so that the SSHS project and future projects can move forward protest free. This bill also does not improve centralized procurement to benefit all of the Government of Guam.

Another point of concern is that under Bill 204, the funding previously allocated for the construction of Simon Sanchez and to fund Capital Improvement Projects for many other and older schools is now dedicated to Simon Sanchez alone.

I voted yes on Bill 204. I hope that with this vote of confidence, GDOE will use this expanded procurement power and spending authority in a way that preserves some resources for the improvement of other schools and that future graduating classes of Simon Sanchez will be able to see that.

Statement from Vice Speaker Therese Terlaje on Bill No. 222-34 (COR):
Encroachment has been occurring on this piece of government property without compensation since 1985. While this bill is meant to sell the parcel to the neighboring private business to attempt to address this encroachment, I do not believe the government should be in the business of selling off its land at the desire of private business owners without achieving justice for original landowners who after three generations from the US land takings are landless in their own home.

The amendment I proffered was intended to ensure the property would be surveyed and registered for the benefit of the government of Guam, at cost to the purchaser of the parcel and not the government, but it failed and therefore I could not support the bill.

Vice Speaker Terlaje Seeks Just Compensation for Route 4 Families

FOR IMMEDIATE NEWS RELEASE (June 6, 2017 – Hagåtña) –  Vice Speaker Therese Terlaje (D-Yoña), Chairperson for the Committee on Culture and Justice, is convening an Informational Briefing with the Office of the Attorney General this Thursday in order to determine the status of land condemnation and inverse condemnation cases, to include property taken by the government for Route 4.  Vice Speaker Terlaje is requesting that the Attorney General provide information as to the government’s compliance with Guam laws, which require for the relocation or repayment to landowners for properties taken for public use without compensation.

“For decades, many Guam residents have traveled Route 4 and benefited from the roadway access through the south of the island, but several families had to sacrifice their properties or have had their land occupied, damaged, or devalued for the roadway and bridges to exist. While only a fraction of those families has been able to receive reimbursements through legislative measures, the rest have been forced to take the government to court, or risk forfeiting their lands without just compensation,” the Vice Speaker stated.

Of particular concern, is a law passed in 1994 that gave landowners four (4) years to take action for inverse condemnation, including the taking of property for Route 4, thus diminishing the opportunities for families to pursue what is owed to them.

Expanding on the objective of these mandates, Senator Terlaje says, “We need to reconcile this long-standing conflict between the exercise of local governmental powers for the public benefit and the private property rights of our residents.”

The Informational Briefing with the Department of the Attorney General will take place on Thursday, June 8, 2017, beginning at 2:00 PM in I Liheslaturan Guåhan’s Public Hearing Room (Guam Congress Building, Hagåtña).

For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.