Finding and Purposes

2 CMC § 4322 — under Homesteads.

2 CMC § 4322

TITLE 2: NATURAL RESOURCES

DIVISION 4: LAND RESOURCES

§ 4322. Findings and Purpose. (a) The legislature finds that a large number of agricultural homestead applicants and other occupants of public lands were authorized by previous government officials to enter public lands for agricultural purposes without agricultural homestead permits. (b) The legislature finds that these agricultural homestead applicants and other occupants of public lands cannot receive these lands in fee simple because of requirements, limitations and regulations relating to agricultural homesteads in effect prior to January 9, 1978. (c) The legislature further finds that many individual persons have used public lands continuously for over 15 years for agricultural purposes without any agricultural homestead permit or governmental authorization. (d) It is the purpose of this article to: (1) Provide the Department of Public Lands with sufficient authority and flexibility to waive requirements, limitations and regulations relating to agricultural homesteading in effect prior to January 9, 1978; and (2) Provide the Department of Public Lands with the authority and flexibility to implement N.M.I. Const. art. XI, § 5(a) relating to persons occupying public lands for over 15 years. Source: PL 2-13, § 2, modified; (d) global amendment by PL 15-2, § 4. Commission Comment: With respect to the references to the “Marianas Public Land Corporation,” see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the Commission comment to 1 CMC § 2001; see also the comment to 2 CMC § 4142. PL 15-2, which was enacted on February 22, 2006, abolished the Marianas Public Lands Authority and created a Department of Public Lands in its place. PL 15-2 contained short title, legislative findings and declaration of policy, repealer, global amendment, transition, severability, and savings clauses. See 1 CMC § 2801 for detailed information regarding PL 15-2.