Title 2, Natural Resources

Availability of Remedies Remedies provided in § 3910 are cumulative and do not affect the availability of remedies under other federal or Commonwealth laws, including common law. Source: PL 22-06, § 3 (Aug. 20, 2021). Commission Comment: In codifying PL 22-06, the Commission chan…

Retroactive Application. Sections 3907-3914 shall apply retroactively. Source: PL 22-06, § 3 (Aug. 20, 2021). Commission Comment: In codifying PL 22-06, the Commission changed “§§” to “Sections” pursuant to 1 CMC § 3806(g). The Commission changed “§ 3901” to “§ 3907” and “§ 3908”…

Immunity. Notwithstanding any other provision of law, the liability of the Commonwealth, including its autonomous and non-autonomous agencies, and any employee thereof, for any personal injury, bodily injury, or property damage caused by or resulting from PFAS contamination, shal…

Savings Clause and Severability. Sections 3907-3913 are supplementary to any other federal or Commonwealth law, including common law, enacted before, on, or after the Effective Date of this Act and are not intended to modify any existing cause of action. If any section between §§…

Definitions. For purposes of this article: (a) “Attorney” means any attorney, lawyer, personal representative or any person who undertakes to represent another person in any legal proceeding. (b) “Contingent fee” means a fee: (1) Based on, or calculated according to, the value of…

Contingent Fees; Limitation: Penalty. (a) If any attorney charges a contingent fee or fees, related to any legal proceeding or transaction arising under N.M.I. Const. art. XII that deals with or concerns real property, the contingent fee or fees shall not exceed the limit on atto…

Equitable Adjustment. (a) In the event that a court with jurisdiction within the Commonwealth determines that a real property transaction is in violation of N.M.I. Const. art. XII, and such transaction is rendered void ab initio, then the court shall award an equitable adjustment…

Purchase Money Resulting Trust. Where a transfer of property is made to one person, and the purchase price is paid by another, a purchase money resulting trust (hereafter referred to simply as a resulting trust) is that trust which is said to arise in favor of the person by whom …

Limitation. Where a transfer of an interest in real property is made to one person and the purchase price is paid by another who is not qualified under the Constitution or laws of the Northern Mariana Islands to acquire that interest, a resulting trust does not arise in favor of …

Retroactivity. This article shall have retroactive effect upon all cases brought pursuant to N.M.I. Const. art. XII for the voiding of a real property transaction, excepting those cases which have been reduced to final judgment before October 29, 1993. Source: PL 8-32, § 4, (§ 49…

Findings. The legislature finds that under the provisions of N.M.I. Const. art. XII, § 6, the legislature is specifically authorized to enact enforcement laws and procedures relating to permanent and long-term interests in real property of corporations. The legislature finds that…

Purpose. The purpose of this article is to set forth the legal requirements and procedures applicable to any proceeding in law or equity to enforce the provisions of N.M.I. Const. art. XII against corporations acquiring permanent and long-term interests in real property in the Co…

Requirements. Any such proceeding pursuant to this section must comply with, and is subject to, the following requirements: (a) Any corporation shall be considered eligible to acquire permanent and long-term interests in real property in the Commonwealth if it met or meets the ap…

Legislative Declaration and Purpose. The legislature declares as public policy that: (a) Real property is a basic resource of the people of the Commonwealth of the Northern Mariana Islands. The purposes of the restrictions of the ownership of real property in the Commonwealth whi…

Severability of Contractual Provisions Violating N.M.I. Const. art. XII. (a) If a court determines that any provision of an agreement would, if enforced, result in acquisition of a permanent or long-term interest in real property by a person not of Northern Marianas descent, the …

Limitation on N.M.I. Const. art. XII Actions. (a) Notwithstanding any other provision of law, no action for the recovery of real property, or of any interest in real property, brought pursuant to N.M.I. Const. art. XII, shall be allowed or maintained unless it appears that the pl…

Application to Existing Causes of Action; Grace Period. Notwithstanding any provision of 2 CMC § 4991, an action brought pursuant to N.M.I. Const. art. XII for the recovery of land or an interest in land may be maintained if: (a) It is not barred by any applicable period or statu…

Definitions. The following definitions apply throughout this chapter unless the context indicates otherwise: (a) “Animal control agency” means any agency designated by a Mayor to enforce laws and ordinances regulating the care, control, licensing, or treatment of animals. Such ag…

Authority. (a) Humane societies and animal control agencies, as approved in writing on an annual basis by the Mayor and after obtaining federal Drug Enforcement Agency controlled substance permit, may purchase, possess, and administer sodium pentobarbital and approved legend drug…