Title 2, Natural Resources

Eligibility to Homestead. In addition to those requirements set forth in section 4389,* eligibility to enter upon or acquire rights to public land under this article shall also be determined in accordance with 2 CMC § 4303. Source: PL 16-50 § 4(105) (January 15, 2010). Commission…

Authorization to Mortgage. The Department of Public Lands is hereby authorized to mortgage village or agricultural homestead lots on behalf of the homesteaders who are eligible to receive housing loans under Article VII, Section 702(c) of the Covenant, or eligible to receive loan…

Deeds of Conveyance. Deeds of conveyance shall be issued by the Department of Public Lands for homestead land entered under the provisions of this article; provided, that no such deed shall be issued until the expiration of three years from the date of entry and the execution of …

Rules and Regulations. The Department of Public Lands shall adopt rules and regulations implementing the provisions of this article. Source: PL 16-50 § 4(108) (January 15, 2010), modified. Commission Comment: The Commission changed “this Act” to “this article” pursuant to 1 CMC §…

Waiver of Requirements. The Public Land Corporation may waive any requirement, limitation or regulation relating to homesteading pursuant to 2 CMC §§ 4323, 4334(c) or 4335. Source: 67 TTC § 211; amended by PL 1-42, §§ 4, 5; PL 2-13. Commission Comment: With respect to the referen…

Certificate of Compliance. A certificate of compliance issued under the provisions of 2 CMC § 4308 creates a right to the issuance of the deed of conveyance of any and all right, title and interest of the Commonwealth in the property in the holder of the certificate. A certificat…

Cessation of Rights on Issuance of Certificate. Any and all rights arising from any homestead shall cease upon the issuance of a certificate evidencing compliance with the term of such permit to the holder thereof, and upon such issuance the provisions of 2 CMC §§ 4309 and 4310 s…

Future Relief. The Department of Lands and Natural Resources and the Department of Public Lands shall develop and institute a regulatory mechanism to automatically provide development time relief to homesteaders who in the future shall suffer similar destruction of their homestea…

Short Title. This article may be cited as the Homestead Waiver Act. Source: PL 2-13, § 1. Commission Comment: PL 2-13 took effect February 9, 1981.

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…

Waiver of Homestead Requirements. The Department of Public Lands shall waive any requirements, limitations or regulations relating to the agricultural homesteading program in effect prior to January 9, 1978. Any person who can demonstrate continuous and actual occupancy or use of…

Conveyance of Public Lands: Limitations and Requirements. (a) The Department of Public Lands shall establish procedures for granting deeds to persons who have established continuous use of public lands for at least 15 years as of the effective date of the Constitution [January 9,…

Rules and Regulations. The Marianas Public Land Corporation shall adopt rules and regulations to carry out the purposes of this article. Source: PL 2-13, § 5; amended by PL 3-44, § 1. Commission Comment: With respect to the reference to the “Marianas Public Land Corporation,” see…

Homestead Laws Still in Effect. The waiver authorization provided for in 2 CMC § 4323 applies only to persons eligible to acquire title under the provisions of 2 CMC § 4324. All other persons seeking to acquire title to land under homestead permits shall comply with applicable la…

Special Homestead Procedures. Notwithstanding any other provision of law relating to homestead rights and procedures, any person who has continuously occupied or possessed with permission of the government a parcel of public land, who began using such land for agricultural purpos…

Prior Grants. Any deed or permit issued under 2 CMC § 4321 et seq. prior to the date this section became law is hereby deemed to be lawful and binding agreement in the same manner and to the same extent as if entered into after this section became law. Source: PL 11-96, § 2. Comm…

Short Title. This article may be cited as the Village Homesteading Act of 1979. Source: PL 1-42, § 1. Commission Comment: PL 1-42 took effect December 19, 1979.

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 …

First, Second, and Third Senatorial Districts Village Homesteading Program: Establishment. A village homesteading program is hereby established in the Department of Public Lands (DPL). The implementation of the program shall be as provided by rules and regulations that are consis…

Village Homesteading Program Prior to January 9, 1978. (a) The Department of Public Lands shall administer all village homesteading programs in accordance with the provision of statutes, rules and regulations, and policies in effect prior to January 9, 1978, which are not inconsi…

Waiver of Homestead Requirements. (a) The Department of Public Lands shall establish the procedure for granting deeds to persons who have established continuous use of public lands for at least 15 years as of January 9, 1978, the effective date of the Constitution. (b) A person r…

Authorization to Mortgage. The Department of Public Lands or the Marianas Islands Housing Authority may mortgage village homestead lots on behalf of homesteaders who are eligible to receive housing loans under Covenant § 702(c), or eligible to receive loans under the Farmers Home…

Mariana Islands Housing Authority Home Construction Loans; Homestead Permit Termination and Deed Transfer. (a) The Department of Public Lands shall transmit to the Northern Marianas Housing Corporation a list of village homestead recipients for all homestead subdivisions in the N…

Rules and Regulations. The Department of Public Lands shall adopt rules and regulations implementing the provisions of this article. Source: PL 1-42, § 7; global amendment by PL 15-2, § 4. Commission Comment: With respect to the reference to the “Marianas Public Land Corporation,…

Amendment of Department of Public Lands Regulation (§14520.4-115); Environmental Impact Assessment Prior to Lottery of Homestead Lots. § 145-20.4-115 is hereby amended to read as follows: § 145-20.4-115(a) A lottery participant shall be issued a homestead permit to the homestead …

Definitions. As used in this article: (a) “Certificate of compliance” means a certificate executed pursuant to 2 CMC § 4308. (b) “Certificate of title” means a certificate of title issued pursuant to 2 CMC § 4251. (c) “Deed of conveyance” means a deed executed pursuant to 2 CMC §…

Title Transfer Application. A surviving spouse may file a title transfer application with the Land Commission on a form to be made available by the Land Commission, which provides at least the following information: (a) The names of the grantee spouse and surviving spouse. (b) Th…

Duties of Land Commission. (a) Upon receipt of a title transfer application, the Land Commission shall determine that: (1) The property in question is marital homestead property; (2) The applicant is the surviving spouse of the grantee spouse; and (3) The property has not been co…

Rights of Surviving Grantee Spouse. A grantee spouse of marital homestead property shall be deemed to possess all right, title, and interest in the property which had previously been possessed by either the grantee spouse, or his spouse, if the grantee spouse is the survivor of t…

Other Rights Not Affected. Nothing in this article shall be construed as affecting any rights in any homestead property which is not encompassed within the terms of this article. Source: PL 3-74, § 6.

Duties of Marianas Public Land Corporation. The Department of Public Lands shall inspect all homestead permits which it has issued and determine whether any holder of a permit is married. The corporation shall notify each holder that he or she may file an amendment to the homeste…

New Homestead Permits. Each homestead permit issued after September 7, 1983, shall be issued in the name of both the applicant and his or her spouse if the permit is issued in whole or in part because the applicant is married and the rights in each homestead shall be deemed to be…

Short Title. This article may be cited as the Homestead Compensation Act of 1984. Source: PL 3-103, § 1. Commission Comment: PL 3-103 took effect January 26, 1984. According to PL 3-103, § 2: Section 2. Legislative Findings and Requirements. (a) The Legislature finds that there a…

Designation of Homestead Compensation Areas. Within 60 days after January 26, 1984, the Department of Public Lands (DPL) shall designate public lands suitable for homestead compensation purposes, and which are not required for government use or reserved for other purposes by any …

Establishment of Homestead Compensation Program. A Homestead Compensation Program is established under the authority of the DPL. The implementation of the program shall be as provided by this article and the policies, rules, and regulations of the DPL which are not inconsistent w…

Eligibility Criteria. Applicants for the Homestead Compensation Program shall meet the following eligibility criteria: (a) An applicant shall be of Northern Marianas descent as defined in N.M.I. Const. art. 12, § 4; (b) An applicant shall be at least 18 years old; (c) An applican…

Application for Homestead Compensation. (a) An application for homestead compensation shall be made within two years from January 26, 1984. The application shall be made on forms provided by the DPL within 30 days from January 26, 1984. The application shall contain: (1) All stat…

Constitutional Limitations on Homesteads. (a) A grantee shall not receive a freehold interest in a compensation homestead for three years after the homestead is granted. (b) A grantee shall not transfer a freehold interest in a compensation homestead for 10 years after receipt of…

Issuance of Homestead Permit. Upon mutual agreement of the homestead compensation lands to be awarded, the DPL shall issue the grantee a permit to enter, use, and improve the land. The permit shall describe the land and shall contain a reservation of necessary rights of way, publ…

Standard of Review. Any determination of eligibility or award of compensation by the DPL under this article shall be affirmed if the court finds it supported by substantial evidence found in the record taken as a whole and consistent with the requirements of the Administrative Pr…

Applicability of Law. The provisions of articles 1, 2 and 3 of this chapter, as amended [2 CMC § 4301 et seq.], shall not apply to the homesteads established by this article. Source: PL 3-103, § 10.

Rules and Regulations. The DPL shall adopt rules and regulations implementing this article within 90 days from January 26, 1984. The DPL may make policy on homestead matters if the matters arise in the course of administering the homestead program and the legislature has not esta…

Reporting Requirement. The DPL shall report within six months after January 26, 1984, and semiannually thereafter in writing to the Governor, the presiding officers of the legislature, and the general public on the progress the DPL has made in awarding compensation to those perso…

Effect of Law on Liability of U.S. and Trust Territory Governments. Nothing in this article shall effect the liability of or amount of damages owed by the governments of the United States and of the Trust Territory of the Pacific Islands to any claimant or litigant for any land e…

Criminal Penalties. Any person who knowingly or willfully violates any provision of this article with the intent to mislead another person or who submits any materially false and misleading information under this article shall upon conviction be imprisoned for not more than one y…

Short Title. This article may be cited as the First, Second, and Third Senatorial Districts Agricultural Homestead Act of 2023. Source: PL 6-15, § 1; repealed and reenacted by PL 23-34, § 3 (Jan. 10, 2025). Commission Comment: With respect to the effective date of PL 6-15, see th…