Finding and Purpose

2 CMC § 4332 — under Homesteads.

2 CMC § 4332

TITLE 2: NATURAL RESOURCES

DIVISION 4: LAND RESOURCES

§ 4332. Findings and Purpose. (a) The legislature finds that there are many residents of the Commonwealth who are without village lots to construct safe, decent, and sanitary dwelling houses for themselves and their families and are without sufficient means to purchase village lots. The legislature further finds that many Commonwealth residents, eligible for homesteads, are unable to obtain financing for home construction on their homestead lots. (b) The legislature further finds that there are public lands available within the Commonwealth which may be designated by the Department of Public Lands (DPL) to meet the needs of our residents who are without village lots. The legislature further finds that the Marianas Islands Housing Authority (MIHA) is ready, willing and able to arrange financing for homestead home construction from its financial resources and/or through private lending institutions, federal agencies, bond underwriting, and other financial syndication, provided that the legal authority of DPL to deed homestead properties to MIHA to accomplish the foregoing, either on individual lots, and/or subdivisions, be clearly authorized by law. (c) It is the purpose of this article to: (1) Establish the Northern Mariana Islands village homesteading program for Commonwealth residents who are without village lots and do not have the means to acquire village lots; (2) Authorize DPL to terminate a homestead permit, with the consent of the homesteader, for those homesteaders whom MIHA has deemed eligible for home construction financing, and to then convey and deed the homestead lot to MIHA in order that MIHA may process a home construction loan, and to further allow MIHA to convey and deed the homestead lot to the homesteader; (3) Authorize DPL to convey and deed to MIHA public land designated for residential homesteaders and for MIHA to assist homesteaders to finance and build their residential housing and further allow MIHA to convey and deed properties to homesteaders; and (4) Provide the Department of Public Lands with sufficient authority and flexibility to implement and administer this article. Source: PL 1-42, § 2; amended by PL 8-33, § 2; (b) and (c) global amendments by PL 15-2, § 4. Commission Comment: Executive Order 94-3, the “Second Reorganization Plan of 1994” (effective August 23, 1994), reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3, § 407: Section 407. Marianas Housing Authority. (a) The Marianas Housing Authority is abolished and its functions transferred to a Division of Housing within the Commonwealth Development Authority, which shall have at its head a Director of Housing.

TITLE 2: NATURAL RESOURCES

DIVISION 4: LAND RESOURCES (b) Any bond or other indebtedness of the Mariana Island Housing Authority shall be assumed by the Commonwealth Government, but only upon such terms and security as shall have been agreed to previously by the Authority. The full faith and credit of the Commonwealth shall not secure such bond or other indebtedness, except as may have been pledged prior to such assumption or as otherwise provided by law. The full text of Executive Order 94-3 is set forth in the Commission comment to 1 CMC § 2001. 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.