Title 21 — Real Property
50 chapters · 1,488 sections in this title.
21 GCA § 15101 Acquisition of Property by Exercise of Eminent Domain
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The government of Guam shall have power to acquire property by the exercise of eminent domain. SOURCE: CC § 1001 as amended by P.L. 12-107.
21 GCA § 15102 Eminent Domain Defined
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Eminent Domain is the right or power of the government to take private property for public use, the right of the government or department or agency thereof, or public corporation to whom the power is delegated by law to condemn private property for public use and to appropriate t…
21 GCA § 15103 Public Use Defined
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Public use means any use of purpose inuring to the benefit of the public generally or any substantial segment thereof. When the Guam COL112508 Legislature declares a use to be public, such use shall be presumed to be an authorized public use, but the contrary may be proved. SOURC…
21 GCA § 15104 Reversion for Failure to Make Public Use
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Subsequent to any taking of private lands by condemnation, the Government shall be allowed a period of five (5) years to proceed with the public use it has declared to be the reason for condemning the property, or an alternative public use should it become necessary due to a comp…
21 GCA § 15105 Funding for Exercise of Eminent Domain
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(a) The power of Eminent Domain may be exercised by the government of Guam upon authorization and appropriation by the Guam Legislature of funds necessary for payment of just compensation. Such power shall be exercised by the Governor of Guam (b) The power of Eminent Domain may a…
21 GCA § 15106 Jurisdiction: Procedure
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The Superior Court of Guam shall have jurisdiction over all actions for condemnation of private property for public use by the government of Guam. The procedure in such actions will be governed by the appropriate provisions of the Rules of the Superior Court. COL112508 SOURCE: CC…
21 GCA § 15107 Eminent Domain: Lands, Easements, or Rights of Way for
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Public Use; Taking of Possession and Title; Authority; Procedure. In any proceeding in any court of the Territory of Guam which has been or may be instituted by and in the name of and under the authority of the government of Guam for the acquisition of any land, or easement, or r…
21 GCA § 15108 Same: Taking in Advance of Final Judgment; Appeal or
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Giving Bond as Preventing or Delaying Vesting of Title. No appeal in any cause under this Chapter nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the government of Guam. SOURCE: CCP § 1242.
21 GCA § 15109 Same: Taking in Advance of Final Judgment; Obligation of
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the Government of Guam to Pay Ultimate Award When Fixed. No action irrevocably committing the government of Guam to the payment of the ultimate award shall be taken unless the Governor of Guam shall be of the opinion that the ultimate award probably will be within any limits pres…
21 GCA § 15110 Same: Taking in Advance of Final Judgment; Right as
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Additional to Existing Rights, Powers, and Authority. The right to take possession and title in advance of final judgment in condemnation proceedings as provided in this Title shall be in addition to COL112508 any right, power, or authority conferred by the laws of the government…
21 GCA § 15111 Surveys on Private Property
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When the taking of private property for public use in the Territory of Guam has been authorized either by the Guam Legislature or the Congress of the United States, the government of Guam and its employees, agents, and contractors shall have the right to enter upon any private pr…
21 GCA § 15112 Attorney=s Fees and Costs
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In any inverse condemnation action instituted by a private landowner to obtain fair compensation for land that has been expropriated by the government of Guam for public purposes and for which no action in eminent domain has been instituted, the court may award the landowner reas…