Title 2, Natural Resources

Regulatory Authority. The Division of Environmental Quality shall adopt regulations to implement the provisions of this Act. Source: PL 12-66, § 5, modified.

Administration. Enforcement – It shall be the power and duty of the Division of Environmental Quality to administer and enforce the provisions of this Act, and the division shall have the authority to issue such orders as are necessary to effectuate the same. Source: PL 12-66, § …

Penalties. Use, sells, distributes or manufactures – Any person who uses, sells, distributes or manufactures a cleaning agent in violation of the Act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $25,000 for each day of the cont…

Application of Chapter. This article shall be applicable to the acquisition of real property under the laws of the Commonwealth for use in any project or program of the Commonwealth government. Source: 67 TTC § 451. Commission Comment: For the procedure relating to the exercise o…

Procedures Generally. (a) In acquiring real property the government will, to the greatest extent practicable: (1) Make every reasonable effort to acquire real property expeditiously through negotiation; (2) Before the initiation of negotiations, have the real property appraised a…

Interest in Improvements. In acquiring any interest in real property the government will acquire at least an equal interest in all building structures or other improvements located on that real property which will be removed or which will be adversely affected by the completed pr…

Payments for Improvements by Tenants. (a) In the case of the building structure or other improvements owned by the tenant on real property acquired for a project to which this article applies the government will, subject to subsection (b) of this section, pay the tenant the large…

Expenses Incidental to Transfer of Title. As soon as possible after real property has been acquired, the government shall reimburse the owner for: (a) Recording fees, taxes and similar expenses incidental to conveying the real property to the agency; and (b) The penalty cost for …

Authority to Promulgate Regulations. The Governor may issue regulations to implement this chapter. Source: 67 TTC § 456.

Declaration of Policy. The purpose of this article is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by Commonwealth government land acquisition programs, or by programs of rehabilitation of buildings or…

Definitions. As used in this article: (a) “Agency” means any department, agency or instrumentality of the Commonwealth or of a political subdivision of the Commonwealth or any department, agency or instrumentality of the Commonwealth. (b) “Business” means any lawful activity, exc…

Moving and Related Expenses. (a) If an agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this article for: (1) Actual reasonable expenses in moving himself, his family, business, …

Replacement Housing for Homeowners. (a) In addition to payments otherwise authorized by this chapter, the agency shall make an additional payment not in excess of $15,000 to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person …

Replacement Housing for Tenants and Certain Others. In addition to amounts otherwise authorized by this article, an agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under 2 CMC § 4724, which dwelling was actu…

Relocation Assistance Advisory Programs. (a) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after the effective date of this article, the agency shall provide a relocation assistance a…

Assurance of Availability of Standard Housing. Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after the effective date of this article, the agency shall assure that, within a reasonabl…

Authority to Promulgate Regulations. (a) The Governor shall adopt rules and regulations necessary to assure that: (1) The payments and assistance authorized by this article shall be administered in a manner which is fair and reasonable, and as uniform as practicable; (2) A displa…

Administration. In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the agency with the approval of the Governor may enter into contracts with any indivi…

Availability of Funds. Funds appropriated or otherwise available to any agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this article as ap…

Payments Not to be Considered as Income or Resources. No payment received by a displaced person under this article shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any Commonwealt…

Appeal Procedure. Any person or business concern aggrieved by a final administrative determination pursuant to 2 CMC § 4728(a)(3) concerning eligibility for relocation payments authorized by this article may appeal that determination to the Commonwealth Trial Court. Source: 67 TT…

Short Title. This Act may be cited as the “Land Compensation Act of 2002.” Source: PL 13-17, § 1. Commission Comment: PL 13-17, which became effective July 23, 2002, contained findings and purpose, severability, and savings clause provisions. According to PL 13-17: Section 2. Fin…

Public Debt Authorization. (a) This Act is a Bond Authorization Act within the meaning of PL 11-3. The Commonwealth Development Authority (CDA) for and in the name and on behalf of the Commonwealth is hereby authorized, at the request and after consultation with the Department of…

Land Compensation Fund. (a) There is hereby established a special fund within the Department of Finance which shall be known and designated as the Land Compensation Fund. (b) The purpose of the Fund shall be to pay principal and interest on any financing entered into by the Commo…

Application. This Act shall apply to land compensation claims against the Commonwealth Government submitted to the Marianas Public Land Corporation, or its successor agency, on or after January 1, 1990. Source: PL 13-17, § 6. Commission Comment: PL 15-2, which was enacted on Febr…

Income Tax Application. Any compensation received under this Act shall not be subject to the earnings tax imposed under 4 CMC § 1202(b)(2). Source: PL 13-17, § 7.

Method for Valuation of Land. For purposes of this Act, land owners shall receive just compensation based on the fair market value of the land at the time of taking by the Commonwealth which is the date when the Governor or other authorized government official certifies in writin…

Administrative Hearing. (a) If, upon a written offer of just compensation, a land owner disputes the method used to determine, or the amount of, the just compensation offered by the Commonwealth to resolve the land compensation claim, the land owner shall have 20 days to make a w…

Administrative Review. (a) Within 15 days of the date of service upon any person or party affected by findings, orders, or decisions of the agency made pursuant to Section 4747 of this Act may appeal to the Board of Public Lands by written notice. If no appeal is made to the Boar…

Judicial Review. Judicial review of a final action of the Board of Public Lands is authorized after exhaustion of administrative remedies, and must be initiated within 15 days of the final action. Judicial review shall be pursuant to 1 CMC § 9112. Provided, however, notice of all…

Rulemaking Authority. The Commissioner with the approval of the Board shall promulgate rules and regulation to implement the intent of this Act pursuant to the Commonwealth Administrative Procedure Act, prior to implementation of any negotiations of land claims pursuant to this A…

Funding. Notwithstanding any provision of law, the Board of Public Lands shall utilize the bond proceeds from the trust funds and earnings thereof established under 2 CMC § 4743(d) to meet reasonable past, present and future expenses of administering the purposes of this Act, lim…

Definitions. As used in this Article, the following terms shall, unless the context clearly indicated otherwise, have the following definitions: (a) "Land Compensation'" means the payment of the money to private landowners whose properties were taken by the Commonwealth, the valu…

Right to Land Compensation. Notwithstanding any other provisions of law, every landowner whose privately owned property was taken by the Commonwealth before or after the effective date of this Article, in the exercise of its authority under Article XIII, Section 1 of the CNMI Con…

Assessment of Land Compensation. Notwithstanding any other provisions of law, compensation payable to landowners shall be the amount agreed upon at the time of taking or appraised value at the time of taking, whichever is applicable. In case of a court judgment, the amount so dec…

Offer of Settlement for Land Compensation. Beginning of the fiscal year, following the effective date of this Article and each subsequent fiscal year thereafter, the annual budget for the Commonwealth shall set aside a minimum of $5,000,000, earmarked under 4 CMC § 2308, for the …

Qualifying Claims. Only claimants who accept the offer made under 2 CMC § 4764 are qualified for payment as follows: (a) Payments to claimants who accept the offer shall be paid on a monthly basis until all claims are paid off. (b) Notwithstanding any other provisions of law, cla…

Reporting Requirement. The Secretary of the Department of Public Lands shall report, on a quarterly basis, all land compensation claims payments in accordance with this Article to the presiding officers of the Legislature. Source: PL 19-81 § 3 (Jan. 20, 2017), modified. Commissio…

Declaration of Protection. The legislature hereby declares the protection of the Commonwealth Bird (Paluman tottot) under 2 CMC § 5108, including all rules and regulations promulgated thereunder. Source: PL 12-8, § 3, modified. Commission Comment: PL 12-8 that created this articl…

Applicability. The provisions of this Division shall apply generally to Article XII condominiums, except when this Chapter specifically provides otherwise or when deference to this Chapter is necessary to effect the findings and purpose of Public Law 15-20. Source: PL 15-49, § 2 …

Definitions. For the purposes of this Chapter, the following terms shall be defined as follows: (a) “Above the first floor” shall mean on or above a boundary constituting a horizontal plane of a condominium building that is above the ground level floor of the building, provided s…

Creation of Article XII Condominium. (a) For a condominium to be subject to the provision of this Chapter, the declaration required by Section 6201 shall contain: (1) A statement that the condominium is an “Article XII condominium;” (2) A legally sufficient description of the rea…

Creation of Article XII Condominium on Land Leased by Persons Not of Northern Marianas Descent. (a) A person of Northern Marianas descent who has entered into a land lease agreement with a person not of Northern Marianas descent allowed by Article XII of the Constitution may ente…

Termination. (a) The conversion of the condominium from an Article XII condominium to a general condominium shall require the vote of one-hundred percent of the unit owners. Provided, if the Constitution is ever duly amended to remove all restrictions on ownership of long-term in…

Management. (a) The membership of a unit owner’s association of an Article XII condominium shall include the owners of the descent restricted estate, who shall have the voting rights allocated in the declaration; the association shall have no power to change the voting rights of …

Acquisition of Article XII Unit Interests. The creation of Article XII unit interests by submission of real estate under a declaration and every subsequent disposition of such unit shall, unless expressly provided otherwise, confer a permanent, indefeasible interest in such Artic…