Title 21 — Real Property

(a) The Director shall be responsible for the carrying out of the provisions of this Chapter and may appoint a Guam Chief Surveyor, a Deputy Chief Surveyor and such additional personnel as is necessary for the administration thereof. In addition, the Director shall have the autho…

The Director shall prescribe such regulations as may be necessary, in his judgment, to implement the provisions of this Article. Such regulations shall be subject to approval by the Governor by Executive Order. SOURCE: GC § 13802.

Copies of regulations issued under this Chapter shall, after the effective date thereof, be published and made available for sale to the public. A current set of such regulations shall be maintained in the Department of Land Management for public use and inspection during normal …

The duties of the Director or his delegate under this Chapter shall include: (a) The surveying, locating, marking and mapping of land boundaries, preparation of metes and bounds descriptions and all other work related thereto, of all land owned, controlled or in possession of the…

Appropriate monuments shall be erected by the Director, or may be designated by him, at locations determined by him, based upon polyconic methods of computation, as primary and secondary triangulation control stations, to be referred to as the Guam Geodetic Triangulation Net, for…

The principal reference point for the use of coordinates in connection with the Guam Geodetic Triangulation Net is the intersection of East Longitude 144° 44' 55.52" and North Latitude 13° 20' 20.87". SOURCE: GC § 13806.

In addition to the other requirements established by regulations, a permanent land marker shall be set to identify any change of direction of the boundary of any lot, parcel or tract of land, stamped with the letters L.S. and the certificate of registration number of the surveyor…

of Land Management. No document purporting to establish title to land as a result of proceedings under the Land Title Registration Act, presented to the Department of Land Management for recording, shall be filed unless accompanied by a map, plat, sketch or other plane pictorial …

No document purporting to affect the transfer of the fee simple ownership of land, presented to the Department of Land Management for recording, shall be filed, unless said document bears on it a reference to a map, plat, sketch or other plane pictorial representation of the lot,…

Notwithstanding any provision of law, rule or regulation to the contrary, the original tracing of a map, plat, sketch or other plane pictorial representation of the lot, parcel or tract of land involved, shall be the personal property of the owner of the land involved. SOURCE: GC…

Any map, sketch, plat or other pictorial representation of land conforming to the provisions of § 60509 and certified by the Director as to such conformity, shall be entitled to admission into evidence in any court of record, as prima facie evidence of the facts represented there…

For the purpose of insuring accuracy of survey measurements, the Director is authorized to install, in appropriate locations, facilities for the testing and calibration of surveying measurement devices in order to insure the attainment of the degree of accuracy in surveying requi…

It shall be a petty misdemeanor to willfully or maliciously damage, destroy or otherwise impair the usefulness of any survey monument established under this Chapter. SOURCE: GC § 13811. Amended by P.L. 13-187:113 (Sept. 2, 1976).

(a) The Director shall progressively replace the 1963 Guam Geodetic Triangulation Network with the 1993 Guam Geodetic Network. (b) For this purpose, appropriate monumentation that is intended for the establishment of the 1993 Guam Geodetic Network shall be erected by the Director…

(a) The 1993 Guam Geodetic Network shall adopt the North American Datum of 1983 (NAD83 Geodetic Datum) as the Coordinate Reference System. (b) The Guam Map Grid, with the following parameters, shall be adopted for surveying application in Guam: Central Meridian and Longitude of O…

(a) The Director shall declare areas of Guam where the 1993 Guam Geodetic Network has been established as Proclaimed Survey Areas. (b) The Director shall make notification of the declaration of Proclaimed Survey Areas by advertising in the local newspaper and advising the Guam Bo…

(a) Subdivisions of land in Proclaimed Survey Areas carried out pursuant to Chapter 62, Title 21, Guam Code Annotated (Subdivision Law) shall comply with these requirements. (b) The Guam Planner shall forward a copy of all tentative plans of subdivisions to the Guam Surveyor. (c)…

(a) A person must not, without the approval of the Guam Surveyor, destroy or damage a 1993 Guam Geodetic Network mark. A penalty of $5,000 will be incurred if a person destroys or damages a 1993 Guam Geodetic Network mark. (b) Where a person proposes to carry out any work in a Pr…

Surveyor. (a) All real property belonging to the government of Guam for which certificates of title have not been issued, shall be surveyed and mapped in order to accomplish the registration of such property. The Guam Surveyor shall carry out a program, on a continuing basis, to …

(a) There is hereby established a land Survey Revolving Fund within the cognizance of the Director, Department of Land Management to continue and finish the surveying, mapping, and registration of all government-owned real properties throughout the island. Such revolving fund sha…

All monies received from legal land document recordation, applications to purchase land, land use application fees, long-term lease fees shall be deposited in the Land Survey Revolving Fund and all debts, liabilities, obligations and operating expenses in connection with land sur…

The Director of Land Management shall submit to the Governor a monthly statement reflecting the financial conditions of said revolving fund. SOURCE: GC § 13971.2 added by P.L. 17-070:II:28.

The Certifying Officer of the Department of Land Management shall determine and certify all disbursements from said revolving fund, which disbursements shall be countersigned by the Director of Land Management. SOURCE: GC § 13971.3 added by P.L. 17-070:II:29.

If in the course of a survey by the government of Guam of its real property, any owner of land adjoining said property agrees to bear the cost of a survey in the manner hereinafter provided, the government shall make a survey of said private property, install all needed concrete …

The landowner may request a preliminary estimate of the total cost to the government of such survey and what the annual installments would be if the cost were to be paid over a period of ten (10) years without interest. Such estimate shall be followed by the government in making …

Upon Acceptance by the landowner of the estimate and his execution of an agreement to pay the cost thereof, then the Guam Surveyor shall proceed with the survey. Upon completion thereof he shall record the survey map and give copies thereof to the landowner, together with a recor…

An itemized listing of the survey liens resulting from the provisions of the immediately preceding sections of this Article shall be forwarded to the Assessor who shall add the amount of each survey lien as a special assessment on the tax list of the owner or owners of the survey…

The taxpayer may, on or before the date when the first half of property taxes is due, elect to pay in annual installments the amount of the special survey assessment in either five (5) or ten (10) years, without interest, or pay the same in full, as other property taxes, within t…

The Director of Land Management shall prepare annually and submit to the Legislature, through the Governor, a report setting out all activities by the Department of Land Management and Guam Surveyor in carrying out the survey of government land as required by § 60601 of this Chap…

There is within the government of Guam a special fund known as The Land Acquisition Fund. The Land Acquisition Fund shall be under the administration of the Governor of Guam. There is hereby authorized to be appropriated the sum of not to exceed five hundred thousand dollar ($500…

The Legislature finds that the traditional pattern of land ownership on Guam was that many areas of the island were completely open to public access and public’s use of such land was totally unfettered. Examples of such areas are the dry sand area of Guam’s beaches and the steep …

Land Records Division of the Department. The Land Records Division of the Department is hereby directed to conduct an exhaustive study of the patterns of land ownership and of public land use on Guam in order to identify those areas where the public may be able to establish a leg…

The Director shall report the findings of the Land Records Division to the Attorney General and it shall be the duty of the Attorney General to enter an appearance in or file on behalf of the public in land registration proceedings for any unregistered land over which the public …

The purpose of this Article is to provide authorization for survey, to mark and reserve legal and adequate access right-of- way to the lots within an area, adjust property lines to give each lot a shape that is conducive to its maximum utilization with the least disturbance of ex…

The following area is designated for survey and replatting. Preliminary plans will be prepared to indicate proposed lot lines and access rights-of-way. Harmon Field Area bounded by Marine Drive to the north, Route 16 to the east, existing agricultural zones to the south, and the …

Preliminary plans will be submitted to the Guam Land Use Commission for compliance with the Master Plan. Following approval by the Guam Land Use Commission and the Governor, the plans will be submitted to the Legislature. No preliminary plans will be submitted to the Legislature …

Following approval by the Legislature, by statute, the Department will survey and prepare final plats in accordance with the preliminary plans and provisions of this Chapter. SOURCE: GC § 13993 enacted by P.L. 10-090.

The final plats shall be submitted to the Legislature for final approval by statute. Upon such approval, the established procedure for subdivision approval will be followed, including surveying, placement of monuments and acceptance of right-of- way, but excluding improvement req…

The Attorney General, at the expense of the government of Guam, shall undertake whatever actions are necessary to register all lots included within the approved final plats, under the Land Title Registration Act. SOURCE: GC § 13995 enacted by P.L. 10-090. ---------- ARTICLE 9 DLM…

I Liheslaturan Guåhan finds that the Department of Land Management (DLM) has applied with the Federal Emergency Management Agency (FEMA) under the Hazard Mitigation Grant Program for funds to construct its administration building. The DLM desires to use the funds received from th…

There is hereby created, separate and apart from other funds of the government of Guam, a reserve fund known as the “DLM Building Construction Fund”.

The DLM Building Construction Fund shall not be commingled with the General Fund or any other fund of the government of Guam. The DLM Building Construction Fund shall be maintained in a separate bank account.

The DLM Building Construction Fund shall be expended for the construction of the new Department of Land Management building, including, but not limited to, the following: A/E for the proposed building facility; environmental concerns; archeological and historic site survey and/or…

All monies received from FEMA for the construction of the Department of Land Management building shall be deposited into the DLM Building Construction Fund.

The Director of Land Management shall account for and administer the DLM Building Construction Fund. The Director shall keep all books, records, files and accounts of the DLM Building Construction Fund. The Director shall prepare monthly reports relative to the DLM Building Const…

The Director of Land Management, together with the Director of Administration, shall invest money held in the DLM Building Construction Fund in any type of investment approved for the Retirement Fund. All proceeds and income from investments of the DLM Building Construction Fund …

(a) The Department of Land Management is hereby authorized to provide for the design, construction and collateral equipment of a new public facility by entering into a financing arrangement with the U.S. Department of Agriculture, or other financing source, with lower cost of fun…

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions application, and to this…

(a) The Director of Land Management, together with the Administrative Director of the Chamorro Land Trust Commission, are hereby approved and authorized the development authority over Lot 1NEW-2, Lot 1NEW-3, and Lot 1NEW-R6, within Block 24. Notwithstanding § 75105 (b), Chapter 7…

(a) The Chamorro Land Trust Commission (Commission) is hereby authorized to enter into a lease with the Department of Land Management for Lot 1NEW-R6 within Block No. 24, municipality of Hagåtña, Guam. (b) Notwithstanding any other provision of law, the Department of Land Managem…