Title 5, Government Operations

As used in this Chapter, unless otherwise apparent from the context: (a) Agricultural commodity means any and all plant and animal products produced in Guam for commercial purposes. (b) Agricultural use means use of land for the purpose of producing an agricultural commodity for …

Notwithstanding any provision of this Chapter to the contrary, the following may be included within an agricultural reserve pursuant to this Chapter: (a) Land devoted to recreational use; (b) A wildlife habitat area which is a land or water area designated by the Department as an…

(a) Beginning January 1, 1974, the Department, after a public hearing may establish agricultural preserves. No later than thirty (30) days prior to any such hearing the Department shall publish in a newspaper of general circulation in Guam a notice which shall include a legal des…

Preserves. For the purposes of this Chapter, the Department shall adopt rules governing the administration of agricultural preserves, including procedures for initiating, filing and processing requests to establish agricultural preserves. Such rules shall be applied uniformly thr…

In the event any proposal to disestablish or to alter the boundary of an agricultural preserve will remove land under contract from such a preserve, notice of the proposed alteration or disestablishment and the date of the hearing shall be furnished by the board or council to the…

(a) Any proposal to establish an agricultural preserve shall be submitted to the Guam Land Use Commission. Within thirty (30) days after receiving such a proposal, the Guam Land Use Commission shall submit a report thereon to the Department; provided, however, that the Department…

The effect of removal of land under contract from an agricultural preserve shall be the equivalent of notice of nonrenewal by the Department and the Department shall, at least sixty (60) days prior to the next renewal date following the removal, serve a notice of nonrenewal as pr…

Whenever an agricultural preserve is established and so long as it shall be in effect, a map of such agricultural preserve shall be filed and kept current by the Department of Agriculture with the Department of Land Management. SOURCE: GC § 12509.

Notwithstanding any determining of compatible uses by the Department pursuant to this Chapter, unless the Department, after notice and hearing, makes a finding to the contrary, the erection, construction, alteration, or maintenance of electric, water, or communication utility fac…

The Department may, by contract, limit the use of agricultural land for the purpose of preserving such land pursuant and subject to the conditions set forth in the contract and in this Chapter. A contract may provide for restrictions, terms and conditions, including payments and …

(a) If such a contract is made with any landowner, the Department shall offer such a contract under similar terms to every other owner of agricultural land within the agricultural preserve in question. (b) However, except as required by other provisions of this Chapter, the provi…

The Department may not contract with respect to any land pursuant to this Chapter unless the land (a) is devoted to agricultural use, and (b) is located within an area designated as an agricultural preserve. SOURCE: GC § 12513.

Every contract shall: (a) Provide for the exclusion of uses other than agricultural and other than those compatible with agricultural use, for the duration of the contract; (b) Be binding upon, and inure to the benefit of, all successors in interest to the owner. Whenever land un…

Each contract shall be for an initial term of no less than ten years. Each contract shall provide that on the anniversary date of the contract, or such other annual date as specified by the contract, a year shall be added automatically to the initial term unless notice of nonrene…

Notwithstanding the provisions of § 65305, if the initial term of the contract is for twenty years or more the contract may provide that on the anniversary date of the contract or such other annual date as specified by the contract beginning with the anniversary date on which the…

(a) If either the landowner or the Department desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the…

If the Department or the landowner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. SOURCE: GC …

The landowner shall furnish the Department with such information as it shall require in order to enable it to determine the eligibility of the land involved. SOURCE: GC § 12519.

No later than twenty days after the Department enters into a contract with a landowner pursuant to this Chapter, the Department shall record with the Department of Land Management a copy of the contract, which shall describe the land subject thereto, together with a reference to …

Guam or landowner may bring any action in court necessary to enforce any contract including but not limited to an action to enforce the contract by specific performance or injunction. SOURCE: GC § 12521. 2023 NOTE: Reference to “Territory” replaced with “Guam” pursuant to 1 GCA §…

It is hereby declared that the purpose of this Article is to provide relief from the provisions of contracts entered into pursuant to this Chapter only when the continued dedication of land under such contracts to agricultural use is neither necessary nor desirable for the purpos…

A contract may not be cancelled except pursuant to a request by the landowner, and as provided by this Article. SOURCE: GC § 12523.

The landowner may petition the Department for cancellation of any contract as to all or any part of the subject land. The Department may approve the cancellation of a contract only if it finds: (a) that the cancellation is not inconsistent with the purposes of this Chapter; and (…

Fee; Deferred Taxes; Waiver of Payment; Distribution of Deferred Taxes. (a) Prior to any action of the Department giving tentative approval to the cancellation of any contract, the assessor shall determine the full cash value of the land in accordance with 11 GCA §§ 24305, 24306,…

(a) Upon tentative approval of the cancellation petition, the Department of Agriculture shall record in the Department of Land Management a certificate which shall set forth the name of the owner of such land at the time the contract was cancelled with the amount of the cancellat…

No contract may be cancelled until after the Department has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be published in a newspaper of general circulation for ten days prior to such hearing, and shall be mailed to each and every owne…

The owner of any property located in the agricultural preserve may protest such cancellation to the Department conducting the hearing. SOURCE: GC § 12528. ARTICLE 5 EMINENT DOMAIN OR OTHER ACQUISITION

(a) It is the policy of Guam to avoid, whenever practicable, the location of any Guam public improvements of public utilities, and the acquisition of land therefor, in agricultural preserves. (b) It is further the policy of Guam that, whenever it is necessary to locate such impro…

(a) When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed or when such land is acquired in lieu of eminent domain for a public improvement by a public agency or whenever there is any such action or acqui…

As used in this Chapter, unless the context clearly requires a differ- ent construction: (a) Consumer means any person who acquires eggs for consumption in his own household and not for resale. (b) Container means any box, case, basket, carton, sack, bag or other receptacle conta…

No person shall market any inedible eggs, as defined under the Federal Food, Drug and Cosmetic Act, as amended, or incubated eggs except that such inedible and incubated eggs may be sold as commercial feed or for other commercial purposes than human consumption, provided such egg…

The Department shall establish, and from time to time, may amend or revise, standards, grades and size-weight classes for eggs marketed in COL120106 this territory. In administering this section, the Department shall have due regard for the desirability of uniformity in the stand…

(a) The Department shall, upon request, provide the services of a qualified eggs inspector to inspect and certify eggs produced within and imported into the territory as to specific grades, standards of quality, condition and size-weight classes required pursuant to § 66103. (b) …

(a) The container in which any eggs are marketed in this territory shall bear prominently on the outside portion thereof the following information: COL120106 (1) The grade of the eggs and the date when the eggs were graded; (2) The size-weight class of the eggs; (3) The word eggs…

Any person marketing eggs to a retailer or institutional consumer shall furnish to such purchaser at the time of delivery of the eggs an invoice showing the date of sale, name and address of the seller, name of purchasers, quantity, country of origin, grade and size-weight class …

(a) Any person assembling, transporting, marketing, processing, storing or displaying eggs for marketing shall keep the eggs at a temperature not higher than forty-five degrees Fahrenheit (45°F) nor lower than thirty-five degrees Fahrenheit (35°F). Each storage or display facilit…

The Department, acting by any duly authorized officer, employee, or agent, may enter on or into any premises or any vehicle where eggs are bought, stored, sold, offered for sale, processed, or transported, or wherein the Department has reason to believe that any such activity is …

(a) If, after inspection, the Department determines that any eggs are being marketed, displayed, stored, processed or transported in violation of this Chapter, or rules or regulations implementing the same, the Director may issue a Stop Sale Order as to such eggs, directed to the…

(a) Producers marketing eggs directly to a consumer and to other premises where produced only are excepted from the coverage of this Chapter. (b) All types of shippers marketing eggs to a first receiver within the territory who will grade them into the proper grade and size-weigh…

The Department may, subject to the Administrative Adjudication Act, make and amend, from time to time, such rules and regulations as may be necessary to administer and implement the provisions of this Chapter. SOURCE: GC § 12510.

The Department is empowered through its authorized officers, employees, agents and inspectors to enforce the provisions of this Chapter and to have supervision and control of all officers in Guam enforcing this Chapter. SOURCE: GC § 12511.

COL120106 Any person who violates any provision of this Chapter or any rule or regulation issued pursuant thereto shall be guilty of a petty misdemeanor. SOURCE: GC § 12512, amended by P.L. 13-187:111.

(a) The Department, acting by the Attorney General, may enforce any provision of this Chapter or any rule or regulation issued pursuant thereto by bringing an action in the Superior Court for an injunction. (b) If the court issues an injunction under this section, it shall retain…

(a) Whether he seeks or is entitled to damages or otherwise has an adequate remedy at law any person may bring an action in the Superior Court to enjoin, in accordance with the principles of equity, any person who has violated, is violating, or is likely to violate the provisions…

The institution of proceedings for the application of any remedy available pursuant to this Chapter, or the issuance of any order on account thereof, or the imposition of any fine or penalty pursuant to this Chapter, shall not operate as a bar or limitation to the application of …