§1424c — Title 48 Territories and Insular Possessions | U.S. Code

Summary

Gives the District Court of Guam the power to re-open certain land-payment cases for land taken by the United States on Guam between July 21, 1944, and August 23, 1963. The court can hear claims from people (or their heirs) whose land was taken other than by a judicial condemnation trial, if the original contested trial in the District Court found the amount paid was too low because of duress, unfair influence, or other unfair actions by the United States. If the court agrees, it can order extra money to make the payment equal to the fair market value at the time the land was taken. Cases decided in judicial condemnation trials remain final and cannot be reopened. The court may use special masters or judges to help. Any award is a judgment against the United States. Lawyers paid by claimants may receive no more than 5% of any extra award; higher fees are void and can lead to a misdemeanor with up to $5,000 fine and 12 months in jail. Federal agencies must give the court any documents relevant to a claim when asked.

Title 48, §1424c

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)Notwithstanding any law or court decision to the contrary, the District Court of Guam is hereby granted authority and jurisdiction to review claims of persons, their heirs or legatees, from whom interests in land on Guam were acquired other than through judicial condemnation proceedings, in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, by the United States between July 21, 1944, and August 23, 1963, and to award fair compensation in those cases where it is determined that less than fair market value was paid as a result of (1) duress, unfair influence, or other unconscionable actions, or (2) unfair, unjust, and inequitable actions of the United States.

(b)Land acquisitions effected through judicial condemnation proceedings in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, shall remain res judicata and shall not be subject to review hereunder.

(c)Fair compensation for purposes of this Act is defined as such additional amounts as are necessary to effect payment of fair market value at the time of acquisition, if it is determined that, as a result of duress, unfair influence, or other unconscionable actions, fair market value was not paid.

(d)The District Court of Guam may employ and utilize the services of such special masters or judges as are necessary to carry out the intent and purposes hereof.

(e)Awards made hereunder shall be judgments against the United States.

(f)Attorney’s fees paid by claimants to counsel representing them may not exceed 5 per centum of any additional award. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. A reasonable attorney’s fee may be awarded in appropriate cases.

(g)All agencies and departments of the United States Government shall, upon request, deliver to the court any documents, records, and writings which are pertinent to any claim under review.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (c), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. For complete classification of this Act to the Code, see Tables. Codification Section was not enacted as part of the Organic Act of Guam which comprises this chapter.

Amendments

1980—Subsec. (c). Pub. L. 96–205 struck out provisions prohibiting allowance of interest on additional amounts of award.

Statutory Notes and Related Subsidiaries

Treatment of Certain Awards by District Court of Guam Pub. L. 100–647, title VI, § 6140, Nov. 10, 1988, 102 Stat. 3724, provided that: “For purposes of the internal revenue laws of the United States and Guam, gross income shall not include any amount received pursuant to any claim over which the District Court of Guam has jurisdiction by reason of section 204 of Public Law 95–134 [this section] (commonly referred to as the Omnibus Territories Act of 1977). This section shall be effective for taxable years beginning after

December 31, 1985.” Commencement of Civil Actions Before

April 1, 1982 Pub. L. 96–205, title III, § 301(b), Mar. 12, 1980, 94 Stat. 87, provided that: “Any civil action under section 204 of the Omnibus Territories Act of 1977 (91 Stat. 1162) [this section] shall be barred unless it is commenced not later than

April 1, 1982.”

§1424c Review of Claims Respecting Land on Guam