Title 21 — Real Property

This Chapter may be cited as the Improvement District Law. SOURCE: GC '48000 as amended by P.L. 14-76. CROSS-REFERENCES: See 11 GCA Chapter 31 for the creation of the District Improvement Fund. These two chapters are not directly related. COL120106

The purpose of this Chapter is to provide a method of cooperation among landowners in obtaining construction or reconstruction of public facilities as defined herein within any municipality or village of Guam and any area within any municipality or village by creation of improvem…

Areas eligible for consideration under this Chapter are limited to those that: (a) have more than three (3) lot owners; and (b) have no two (2) lot owners controlling seventy-five percent (75%) of the total area. SOURCE: GC '48002 AS AMENDED BY P.L. 14-76.

As used in this Chapter, unless the context requires otherwise: (a) Commission means Territorial Land Use Commission. (b) Department means the Department of Public Works. (c) Landowner or owner of land means any owner of legal title of record to land in Guam, including the govern…

The administration of this law shall be under the supervision of the Commission with the active participation of the Department of Public Works and the Department of Land management as hereinafter provided, and to make such rules and regulations, subject to the approval of the Go…

If the owners of twenty-five percent (25%) of the land lying within any single municipality or village in Guam or any area within any municipality or village desire to have an improvement district created for the purpose of constructing or reconstructing and financing one or more…

When a petition is filed, the Director will forward to Land Management to review the same. Land Management will determine the identity of owners whose land is within the proposed district. A preliminary estimate benefits to the land involved will be made by the Director. In makin…

The Director shall prepare unit cost scales or request such scales to be prepared by other departments or agencies from time to time for use in reviewing petitions and in preparing estimates of costs. SOURCE: GC '48007 as amended by P.L. 14-76.

After review of the petition, the Director will submit a report, with his recommendations, to the Commission. If the Commission approves the project, it will notify by mail the owners of all lands within the proposed district. The notice will contain a description of the proposed…

If, within the time prescribed by the notice, the owners of sixty percent (60%) of the land and sixty percent (60%) of the landowners within the proposed district give their approval in writing to the proposed district, the Commission will establish the district. If such approval…

If the project is approved, the Commission shall enter its order. The order will be referred to the Director, who will request the Department or Agency concerned for preparation of final construction plans and specifications and an estimate of the cost of the project as approved.…

The Director shall classify all land in the proposed district that may be benefitted by the project into classes, not to exceed five in number, by land use within each zone. The land receiving the most benefit shall be designated Class A and other classes shall be marked Class B,…

After all land has been classified on the basis of benefits received, the Director shall: (a) Pro-rate the total costs among the classes of land, determined according to the percentage of benefit of the public facility to each class. (b) Pro-rate the total costs assigned to each …

Upon the filing of the report, the Executive Secretary will mail to each landowner notice of the proposed assessment. Such final notice shall show the amount of the proposed assessment if paid upon completion of the project, the annual installments if amortized over five (5) year…

Any interested person may object to the proposed public facility, the extent of the proposed district or the proposed assessment against his land COL120106 by filing a written protest with the Executive Secretary before the time set for the hearing or voice a protest during the h…

At the time and place set for the hearing, the Commission shall consider the final report of the Director in the light of protests filed against the proposed assessments and may adopt the report as submitted, or with modifications or corrections, or abandon the project. The Commi…

If the final report is adopted by the Commission, it shall cause the Executive Secretary to prepare a complete summary of its actions to be submitted to the Governor with the final report of the Director and the Commission's recommendation for review and final decision. SOURCE: G…

The final report when received by the Governor shall be retained in his office for not less than fifteen (15) days for study and review, after which time he may approve or reject the same in whole or in part. SOURCE: GC '48017 as amended by P.L. 14-76.

Any owner of land within a proposed district who claims to be injured by the establishment of the district may file a complaint in the Superior Court of Guam within sixty (60) days of the approval of the final report pursuant to § 69121 creating the district for review of such cl…

If the Judicial or Executive review results in other than minor changes, the final report shall be returned to the Commission unapproved, where it shall be reconsidered and resubmitted; otherwise, the Governor shall issue his Executive Order as provided in § 69122. SOURCE: GC '48…

The Commission may, after consideration of the changes required when a report is returned pursuant to § 69120, abandon the project or prepare and submit a revised report in accordance with the procedures herein set out. SOURCE: GC '48020 as amended by P.L. 14-76.

If the Governor approves the final report, the report shall have the force and effect of the law, and the proposed assessments shall become liens upon the lands against which assessed and shall be payable and collectable as taxes under the provisions of Chapter 24, 11 Guam Code A…

An itemized listing of the assessments approved shall be forwarded to the assessor who shall add the total amount of each assessment as a special assessment on the tax list of the owner or owners of the land within the improvement district on the next assessment roll prepared aft…

COL120106 Assessed funds shall be credited back to the agency or department originally providing such. The cost for furnishing of power to the street light districts shall be credited to the Guam Power Authority. All other funds shall be credited back to the District Improvement …

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 assessment in either five (5) or ten (10) years, or pay the same in full as other property tax within the year. If the taxpayer elec…

Upon notification by the Governor that the improvement district has been created, the Department of Public Works shall prepare invitations to bid, based upon the plans and specifications as approved, and proceed to advertise for bids as in other contracts for construction. When b…

COL120106 Upon completion of construction, the Director of Public Works shall certify to the Commission that the project is completed according to the plans and specifications. The Commission shall immediately inspect the construction and shall approve or reject the project. If t…

There is hereby created the Improvement District Revolving Fund to be used to finance costs of public facilities pursuant to this Chapter. The Fund shall be subject to the provisions of 5 GCA. SOURCE: GC '48026 as amended by P.L. 14-76.

The Director may apply for and accept advances, loans, grants, contributions, gifts, donations, appropriations of funds and any other form of financial assistance from the Federal government, the government of Guam or other public body or agency, or from any sources, public or pr…

This Chapter may not be used to provide for the financing of improvements required for subdividing land under the Subdivision Law, either as a separate improvement district or as part of another proposed improvement district. However, in the latter instance, with regard to any re…