Title 43 — Civil Remedies and Procedure

When there are several attachments against the same defendant, they shall be executed in the order in which they are received by the marshal. History: 1962, PL 7-36.

(a) If, after selling all the property attached by him remaining in his hands and applying all the proceeds, after deduction of his fees, to the payment of the judgment, any balance remains due, the marshal shall proceed to collect such balance as upon an execution in other cases…

The court before which the action is pending, or the judge thereof, may at any time appoint a receiver, whose pay shall be fixed by the court and assessed as part of the costs, to take possession of property attached under the provisions of this chapter, collect the revenues ther…

When the government desires to acquire any land, easement, right-of-way, or other property interest, it may file a complaint in the Trial Division of the High Court of American Samoa, and, at any time before judgment, it may file a declaration of taking signed by the Attorney Gen…

When the government desires to enter into the possession of the property immediately after the service of the notice provided for in 43.1026, the Territorial Registrar shall so state in the notice and any damage sustained by the occupant, lessee, lessor or owner of such property …

Along with the declaration of taking, the government shall deposit in the court, to the use of persons entitled thereto, the amount of the estimated compensation stated in the declaration. History: 1962, PL 7-25; 1967, PL 10-25; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.

Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded for the lands, or any par…

Upon the filing of the declaration of taking and the deposit, title to the lands in fee simple absolute, or such less estate or interest therein as is specified in the declaration, shall vest in the government, and the lands shall be deemed to be condemned and taken for the use o…

Just compensation shall be ascertained and awarded in the court proceeding and established by the judgment of the court. The judgment shall include, as part of the just compensation awarded, interest at the rate of 6 percent per year on the amount finally awarded as the value of …

When all of the parties interested in the property involved in condemnation proceedings fail to appear within the time set by this chapter, the court may proceed to fix the amount of compensation by arbitration, as provided for in this chapter, and also determine the ownership of…

Costs of litigation shall not be assessed against any party. History: 1962, PL 7-25; 1967, PL 10-25; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.

(a) When a dispute as to the ownership of the property prevents the amicable settlement of and payment for the property, the Territorial Registrar shall so certify to the Trial Division of the High Court, requesting that the court determine the ownership of the property in questi…

(a) When the government does not agree to pay the sum demanded or the parties or any of them do not accept the deposit made by the government, either before or after the settlement of the question of title, the sum to be paid by the government shall be determined by arbitration. …

(a) The decision of the arbitrators may be appealed to the Appellate Division of the High Court by any person or by the government. (b) The adverse party or parties shall be served written notice of the intention to appeal within 10 days after the appealing party receives notice …

Payment to arbitrators shall be made by the government for the time they are actually engaged in hearing the case, and for their traveling expenses to and from the place of hearing. The amount of the payment shall be fixed by the court, but the payment to each arbitrator shall no…

When a question arises as to the legal capacity of any claimant for compensation to execute a discharge or release upon payment of the sum agreed to be paid, rendered, or awarded, the court shall appoint a guardian or take such other action as may be required by law. History: 196…

The Rules of Civil Procedure for the District Courts of the United States of America shall govern the procedure for the condemnation of real and personal property under the power of eminent domain, except as otherwise provided in 43.1021 et seq. History: 1962, PL 7-25; 1967, PL 1…

(a) The complaint shall contain a caption setting forth the name of the court, the title of the action, the file number and the designation “Complaint”. (b) The government shall name as defendants the property, designated generally by kind, quantity and location, and at least one…

In addition to filing the complaint with the court, the government shall furnish to the court at least one copy thereof for the use of the defendants and additional copies at the request of the clerk of the court or a defendant. History: 1962, PL 7-25; 1967, PL 10-25.

The government may join in the same action one or more separate pieces of property, whether in the same or different ownership, and whether or not sought for the same use. History: 1962, PL 7-25; 1967, PL 10-25.

Following the filing of the complaint, the court may order such distribution of any deposit of the estimated compensation for the property taken as the facts warrant. History: 1962, PL 7-25; 1967, PL 10-25.

(a) Upon the filing of the complaint, the government shall forthwith deliver to the clerk of the court joint or several notices directed to the defendants named or designated in the complaint. Additional notices directed to defendants subsequently added shall also be so delivered…

Personal service of the notice, without copies of the complaint, shall be made by any policeman of American Samoa or any person duly appointed by the court, in the manner described in Rule 4(d) of the Federal Rules of Civil Procedure. If personal service cannot be made upon any d…

Proof of service of the notice shall be made in the manner provided for the return amendment of a summons under Rule 4(g) of the Federal Rules of Civil Procedure. History: 1962, PL 7-25; 1967, PL 10-25.

Amendment of the notice or of proof of service shall be allowed in the manner provided in Rule 4(h) of the Federal Rules of Civil Procedure. History: 1962, PL 7-25; 1967, PL 10-25.

(a) If a defendant has no objection or defense to the taking of his property, he may serve a notice of appearance designating the property in which he claims to be interested. Thereafter he shall receive notice of all proceedings affecting it. (b) If a defendant has any objection…

(a) Without leave of court, the government may amend the complaint at any time before the trial of the issue of compensation and as many times as desired, but no amendment shall be made which will result in a dismissal forbidden by 43.1035. (b) The government need not serve a cop…

(a) If a defendant dies, becomes incompetent or transfers his interest after his joinder in the action, the court may order substitution of the proper party upon motion and notice of hearing. (b) If the motion and notice of hearing are to be served upon a person not already a par…

If no hearing to determine the compensation to be paid for a piece of property has begun and the government has not acquired the title or a lesser interest or taken possession, the government may dismiss the action as to that property, without an order of the court, by filing a n…

Before the entry of any judgment vesting the government with title of a lesser interest in or possession of property, the action may be dismissed in whole or in part, without an order of the court, as to any property by filing a stipulation of dismissal by the plaintiff and the d…

At any time before compensation for a piece of property has been determined and paid and after motion and hearing, the court may dismiss the action as to that property, except that it shall not dismiss the action as to any part of the property of which the plaintiff has taken pos…

Except as otherwise provided in the notice, or stipulation of dismissal, or order of the court, any dismissal is without prejudice. History: 1962, PL 7-25; 1967, PL 10-25.

(a) The government shall deposit with the court the money required by 43.1001. (b) The court and attorneys shall expedite the proceedings for the distribution of the money so deposited and for the ascertainment and payment of just compensation. (c) If the compensation finally awa…

Any person interested under a deed, will or other written instrument, or under a contract, or who desires a declaration of his rights or duties with respect to another, or in respect to, in, over or upon property, may, in cases of actual controversy relating to the legal rights a…

The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances. History: 1967, PL 10-22.

Actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law. History: 1967, PL 10-2…

The remedies provided by this chapter are cumulative and shall not be construed as restricting any other remedy, provisional or otherwise, provided by law for the benefit of any party to such action, and no judgment under this chapter shall preclude any party from obtaining addit…

This chapter may be cited as the “Government Tort Liability Act”. History: 1967, PL 10-1.

As used in this chapter: (1) “Computer-based system: includes any computer or other information technology system, and any electronic device that controls, operates, monitors, or assists in the operation or functioning of equipment, machinery, plant, or a device using an embedded…

(a) The government is liable, except as otherwise provided in this chapter, in the same manner and to the same extent as a private individual under like circumstances, but is not liable for interest prior to judgment or for punitive damages, except that in a case wherein death is…

A tort claim against the government shall be forever barred unless an action on it is begun within 2 years after the claim accrues. History: 1967, PL 10-1.

(a) An action may not be instituted upon a claim against the government for money damages for damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his off…

Subject to the provisions of this chapter relating to civil actions on tort claims against the government, any award, compromise, settlement or determination by the Attorney General shall be final and conclusive on all officers of the government, except when procured by means of …

The judgment in an action, or the payment of a claim by the Attorney General, under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the clai…

Disposition of any claim by the Attorney General is not competent evidence of liability or amount of damages. History: 1967, PL 10-1.

(a) The Trial Division of the High Court shall have exclusive jurisdiction of civil actions on claims against the government accruing on or after the effective date of this chapter, for money damages, for damage to or loss of property, or personal injury or death caused by the ne…

The Attorney General or his designee may arbitrate, compromise or settle any claim cognizable under this chapter, after the commencement of an action thereon. History: 1967, PL 10-1.

(a) The remedy by suit against the government as provided by this chapter for damage to or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment…

(a) When the Attorney General has allowed or settled a claim against the government under the provisions of this chapter, the Treasurer shall pay any such claim or judgment which does not exceed the sum of $25,000 in connection with any claim or judgment for personal injury or de…

No attorney may charge, demand, receive or collect for services rendered, fees in excess of 25 percent of any judgment rendered pursuant to this chapter, or in excess of 20 percent of any award, compromise, or settlement made by the Attorney General pursuant to this chapter. Hist…