Guam Administrative Code

§ 1522. Determination of Adequacy. The Department shall determine, in its sole discretion, whether the conceptual plan and financing statement are adequate in detail as provided for in Rules 6001(a) and (b), and whether the applicant’s financial resources are sufficient to comple…

§ 1523. Resubmittals Accepted. An applicant may resubmit the documentation required by Rules 6001(a) and (b), above, as many times as necessary for a determination of adequacy. Each resubmittal shall be considered a new submittal for purposes of Rule 6005, below.…

§ 1524. Preparation of Lease. If the required submittals are determined to be adequate, the Department shall as soon as practicable prepare a lease in accordance with the lease terms contained in Chapter 8, below, naming the eligible applicant as the lessee for the land reserved.…

§ 1525. Disqualification. If the Department has not made a determination of adequacy within the one (1) year period from the date the Agreement to Reserve is approved by I Maga’lahen Guåhan, then the eligible applicant is automatically disqualified and the reserved land shall bec…

§ 1526. Miscellaneous Provisions: Notices to Applicant. All notices and official correspondence to applicant shall be in writing and mailed to the address provided in the application. If the applicant desires, the Department may telephone the applicants authorized representative …

§ 1527. Notices to Department. All notices and anything to be submitted to the Department may be delivered by the applicant to the Departments Land Administration Division on the third floor of the building at 855 West Marine Drive in Anigua, Guam, or by mail to the Division at P…

§ 1528. Applicant’s Authorized Representative. The authorized representative designated in the application shall be the sole voice of the applicant in any non-written communications with the Department. In no event is the Department obligated to entertain any communications by an…

§ 1529. Change of Address or of Authorized Representative. A written change of address or of authorized representative must be received by the Department before the change is considered effective.

§ 1530. Reapplication. If the applicant is not found eligible within the one (1) year period that the application is effective, or if an eligible applicant’s reserved land is returned to the pool of available land for any reason under Chapter 6, above, the applicant may reapply a…

§ 1531. Lease Terms: Significant Terms. The Attorney General shall prepare a form of lease to be used for the reserved property, which shall protect the Departments interest in the leased premises and which shall be designed to carry out the purposes and intent of these rules. Th…

§ 1532. Approval of Attorney General and I Maga’lahen Guahan. All leases entered into in accordance with these rules must be executed by I Maga’lahen Guåhan, attested to by I Segundu Na 33 Maga’lahen Guåhan, and approved as to form by the Attorney General.…

§ 1533. Concurrence by I Liheslaturan Guahan. All leases entered into in accordance with these rules must be concurred to by I Liheslaturan Guåhan pursuant to 21 GCA § 60112. ______________ 34…

§2101. General Provisions. (a) Authority. These Rules are prepared by the Land Transfer Board pursuant to authority vested in such Board by the provisions of 21 GCA §75104. (b) Purpose. The purpose of these Rules is to provide proper procedure governing the meetings and proceedin…

§2102. Definitions. The following definitions shall govern the construction of these Rules: (a) Board means the Land Transfer Board, government of Guam. (b) Department means the Department of Land Management. (c) Director means the Director, Department of Land Management. (d) Sec…

§2103. Meetings. (a) Chairman: Vice-Chairman. The Chairman of the Board shall be that member designated as such by the Governor. He shall preside at all meetings, hearings or proceedings of the Board. The Vice-Chairman of the Board shall be appointed by the Chairman at the first …

§2104. Procedure for Leases and Sales: Applications - Forms. All applications for lease, purchase or quitclaim of government real property shall be made in forms substantially as follows: (See Appendices A, B and C.) NOTE: Although reference is made to Appendices A, B and C as co…

§2105. Same: Consideration of Applications - Notice of Hearing. All applications found to be complete and in proper form as a result of preliminary consideration or special investigation in accordance with 21 GCA §75108 shall be considered at the next regular meeting following su…

§2106. Same: Action by the Board: Findings. Immediately following the public hearing of an application, the Board shall ascertain the following: (a) That, with reference to the transaction, the applicant is a responsible person; (b) That the land applied for is not in use by any …

§2107. Same: Same: Approval or Disapproval. Following the findings of the Board, the Board shall then decide to approve or disapprove the application. All final decisions on applications by the Board shall be reported to the Governor together with all findings and any recommendat…

§2108. Same: Priorities: Residential or Agricultural Purposes. In the consideration of all applications, the Board shall apply and observe the priorities set forth in 21 GCA §75110. In the event the applicants of a piece of government real property have equal priority or none of …

§2109. Same: Same: Commercial or Industrial. If more than one person or organization having equal priority right under 21 GCA §75111, apply to lease or purchase government real property for commercial or industrial use, the Board by vote shall decide which applicant shall be awar…

§2110. Same: Board's Recommendation to the Governor. If the Board deems it desirable and in the public interest, it may make recommendations for specific terms and conditions to be included in a lease, deed or purchase contract. In the interest of the public, the Board may also r…

§2111. Same: Notice of Approval to Applicant and Director. Immediately upon receipt of notice that the Governor has approved or disapproved an application previously acted upon by the Board, the Secretary shall give written notice of such decision to the applicant and the Directo…

§2112. Same: Fair Value. When an application is made to purchase or lease government real property, the Board shall establish what in its opinion is the fair value of the property. It may base its decision on any evidence which may be available as to the value of such property, b…

§2113. Effective Date. NOTE: Rule-making authority cited for formulation of regulations for the Land Transfer Board, 21 GCA §§75104, 75115, 75116 and 75117. Public Law 12-226 repealed Chapter VI, Leases and Sales of Title XIV of the Government Code, consisting of §§13500-13528. I…

§3101. Authority. These Rules and Regulations are promulgated under the authority of 21 GCA §60101.

§3102. Purpose. The purpose of these Rules and Regulations is to govern the meetings and proceedings of the Territorial Planning Commission, acting pursuant to the legislative authority mentioned above.

§3103. Official Name. The official name of the Commission shall be the Territorial Planning Commission.

§3104. Official Address. The official address of the Territorial Planning Commission shall be c/o Department ART. 1 - OPERATIONAL POLICIES - 1997 - P. 1 of Land Management, Government of Guam, Agana, Guam.

§3105. Place of Meeting. The Commission will hold its regular meeting at a location to be determined by a majority vote at any regular meeting.

§3106. Commission Creation, Membership and Compensation. The Commission shall be composed of seven (7) members to be appointed by the Governor by and with the advice and consent of the Legislature for a period of five (5) years; provided, however, that, of the two (2) members fir…

§3107. Powers. The powers of the Commission shall be vested in the members thereof then in office. Such powers of the Commission are defined under the following: (1) 21 GCA Chapter 60, Article 3, known as the Land Records. (2) 21 GCA Chapter 62, known as the Subdivision Law of th…

§3108. Regular Officers. Regular officers of the Commission shall be Chairman, Vice- Chairman and Executive Secretary.

§3109. Additional Officers and Assistant Officers. The Commission may, by resolution, appoint such ART. 1 - OPERATIONAL POLICIES - 1997 - P. 2 additional officer or officers, or assistant officer or officers, establish the terms of office of such officers and define the duties of…

§3110. Appointment and Elections. The Chairman shall be appointed by the Governor with the advice and consent of the Legislature. The Vice-Chairman shall be elected by the Commission from among its members. The Executive Secretary to the Commission shall be the Director of Land M…

§3111. Terms of Office. The terms of office for the Vice-Chairman shall be for the calendar year. The term of office of the Chairman and the Executive Secretary shall be concurrent with the directorship of their appointment.

§3112. Vacancies. Should the office of the Vice- Chairman become vacant, the Commission shall fill the vacancy by electing another Vice-Chairman from among its members.

§3113. Duties of Officers. The Chairman shall preside at all meetings of the Commission. At such meetings, he shall submit such proper information and recommendations to the Commission as he may deem proper concerning the policies, administration and other affairs of the Commissi…

§3114. Other Duties and Functions. The officers of the Commission shall perform such other duties and functions ART. 1 - OPERATIONAL POLICIES - 1997 - P. 3 as may from time to time be appropriately required by the Commission or by the Rules and Regulations.

§3115. Regular Meetings. Regular meetings of the Commission shall be held on the 2nd and 4th Thursdays of each month at 8:30 A.M. If such meeting falls on a legal holiday, the meeting shall be the subsequent Tuesday.

§3116. Special Meetings. Special meetings shall be held at such time and places as the Commission may determine, or may be called by the Chairman at such time and place as he may determine, and must be called by him upon the written request of three (3) or more members of the Com…

§3117. Quorum. Four (4) members of the Commission shall constitute a quorum for the purpose of conducting its business, exercising its powers and for all other purposes.

§3118. Voting. Every official act taken by the Commission shall be adopted by a majority vote of at least four (4) votes. If less than four (4) affirmative or negative votes are obtained, the action shall be automatically tabled until an affirmative or negative vote of not less t…

§3119. Order of Business. At the regular meetings of the Commission, the following shall be the order of business: (1) Notation of attendance; (2) Approval of minutes not previously approved; (3) Consideration of zoning applications for changes or variances as outlined in the Zon…

§3120. Parliamentary Procedure: The Rules. Parliamentary procedure set forth in Robert's Rules of Order shall govern all meetings of the Commission except as otherwise herein provided.

§3121. Amendments. These Rules and Regulations may be amended by the Commission at any regular meeting by a majority vote, or any special meeting by a majority vote, provided that the proposed amendment to any particular section is included in the notice of such special meeting. …

§3201. Design and Layout of Subdivisions. The following design standards shall apply to all subdivisions, agriculture subdivisions, lot parcelling, decedents estates and parental subdivisions submitted to the Territorial Planning Commission or its legally authorized agent for app…

§3202. Same: General. (a) Conformance with Master Plan. Any proposed subdivision shall conform, as far as practicable, to the proposals and intention of the Master Plan for the territory of Guam as formally adopted in whole or in part by the Territorial Planning Commission, unles…

§3203. Same: Streets. (a) Arrangement. The proposed streets shall be considered in their relation to existing and planned streets, to topographic and geologic conditions and to public convenience and safety. They shall provide for: (1) Appropriate continuation of existing arteria…

§3204. Same: Lots and Blocks. (a) Block Lengths. Unless specifically approved by the Territorial Planning Commission, block lengths shall not be less than two hundred (200) feet, nor more than two thousand (2,000) feet. Where blocks exceed one thousand (1,000) feet, crosswalk way…