Title 11. LAND AND ENVIRONMENT
Part I. Land
Chapter 1. Public
Land
Section 11.101. Use of public land. The Governor transfers title to, or an interest in, public
land on the State's or Government's behalf following the Legislature's approval
by resolution, except as provided in chapter 5. The Governor submits to the
Legislature an executed agreement conditioned upon compliance with this
section. If the Legislature fails to adopt a resolution approving or
disapproving the proposed transfer within thirty days of receipt of a proposal
from the Governor, the Governor may proceed without consent. If the Legislature
disapproves a proposal, it states its objections.
Section 11.102. Improvement. If the estimated total cost of an improvement to public
land, including a building or facility, exceeds twenty-five thousand dollars, the
Governor submits the proposed improvement to the Legislature, without whose approval by resolution the improvement
may not proceed.
Background
Amended by State Law 4-21.
Section 11.103. State Acquisition of Land.
(1) The State acquires an interest in private land at the
direction of the Governor. To acquire an interest in private land the State
uses its best efforts to identify and contact all interested parties which are
all persons holding or claiming legal interest in the land or interest sought by
the State. The State then:
(a) Provides each interested party with a written
explanation of the interest sought by the State including an exact description
of the land affected and the time period for which the interest is sought;
(b) Provides each interested party with a written statement
of the public purpose for which the interest in land is sought; and
(c) Enters into good faith negotiations with the interested
parties to acquire the interest in land with the consent of the interested
parties making every reasonable effort to avoid substantial hardship to the
interested parties in consideration of their personal circumstances.
(2) If the State is unable to acquire an interest in land
pursuant to paragraph (1) of this section, the State may initiate a court
action after the State:
(a) Makes a written request to each interested party to
submit to the State within twenty days a written statement of the interested
party's grounds for denying consent to the State's acquisition of an interest
in the affected land. Such request
states that the State intends to acquire the interest by court action and
requests the interested party to state any objections to the fairness of the
compensation offered by the State, the suitability of the land and the interest
to the State's intended use, the good faith of the State's efforts to gain
consent for the acquisition, and the reasonableness of the State's efforts to
avoid substantial hardship to the interested party in consideration of his
personal circumstances. The request informs the interested party that failure
to respond will raise a presumption in favor of the State on these issues at
the time of trial; and
(b) Provides to each interested party, after receipt of the
interested party's written statement or the expiration of twenty days, a
written offer, open for ten days, stating the terms upon which the State offers
to acquire the interest in land.
Background
Added by State Law 5-39.
Section 11.104. Government needs. In exercising their power and duty regarding public land
the Governor and the Legislature give due and balanced regard to the needs of
all components of the Government.
Chapter 2. Land Use Planning
Section 11.201. Proposed land use legislation. within one year following the Compact of Free Association's
taking effect the Governor submits to the Legislature proposed legislation for
the regulation of the use of land and other forms of real property.
Chapter 3. Land Surveyors
Section 11.301. Meaning. A person practices land surveying when, in a public or
private capacity, he:
(1) locates, relocates, establishes, re-establishes, or
retraces a property line or boundary of a parcel of land or a road,
right-of-way, easement, or reserve;
(2) makes a survey for the subdivision or re-subdivision of
a tract of land;
(3) determines the position of a monument or reference point
which marks a property line, boundary or corner, and sets, resets or replaces
the monument or reference point by use of the principles of land surveying;
(4) determines the configuration or contour of the earth's
surface or the position of fixed objects thereon or related thereto by means of
measuring lines and angles, and applying the principles of trigonometry;
(5) practices geodetic or cadastral surveying;
(6) determines the information shown or to be shown on a map
or document prepared or furnished in relation to the functions stated in
subsections 1 through 5;
(7) in any capacity or in any manner, indicates, by the use
of the title "land surveyor," or by another title or representation
that he practices or offers to practice land surveying;
(8) procures or offers to procure, land surveying work for
himself or another; or
(9) manages, or conducts as a manager, proprietor, or agent,
a place of business at which land surveying work is the solicitation,
performance or practice of land surveying work occurs.
Section 11.302. Application. This chapter
applies only to:
(1) a survey of the boundaries of land, or surveys for the
purpose of the establishment, re-establishment or determination of an interest
in land; or
(2) an activity performed in relation to the practice of
land surveying.
Section 11.303. Apprentice. A registered land surveyor who has a trainee, apprentice
or cadet surveyor allows him a reasonable time for the purpose of attending
lectures or gaining practical experience included in the course of traineeship,
apprenticeship or cadetship by arrangement with the surveyor.
Section 11.304. Registration. In consultation with the Land Commission (Court) and the Department of
Agriculture, Land and Fisheries, the Governor certifies a person as land
surveyor following oral, written and practical examination and a finding of qualification
of the applicant by a qualified land surveyor appointed by the Governor. (changes
effective October 1, 2001 by State Law 7-126)
Background
Amended by State Law 7-1.
Section 11.305. Qualifications. A person is eligible for registration as a land surveyor,
if he is:
(1) a resident of the State;
(2) at least twenty-one years of age;
(3) of good character and repute; and
(4) otherwise qualified as provided by this chapter.
Section 11.306. Training;
experience.
(1) The following constitute minimum satisfactory evidence
of a candidate's professional qualifications:
(a) graduation from a university, college, institute or
school of satisfactory standing, including the completion of an approved course
in surveying, with an additional two years or more of experience in land
surveying of a satisfactory character, indicating that the applicant is
competent to practice land surveying and passing the certification examination;
or
(b) eight years of lawful land surveying practice of a
satisfactory character, indicating the candidate's competence to practice land
surveying, and passage of examinations pursuant to Section 11.310, if the
candidate is not less than thirty-three years of age and the eight years or
more of lawful practice in land surveying work was gained before the Code takes
effect.
(2) In the consideration of the experience qualification of
an applicant:
(a) Teaching of land surveying in an approved curriculum in
a university, college, or school of satisfactory standing may rate as
experience.
(b) Experience and training in the armed services of the
United States in civil engineering or land surveying may rate as experience.
(c) The satisfactory completion of a year of approved
curriculum in a school or college of satisfactory standing without graduation
is equivalent to a year of experience. Graduation in a curriculum other than
land surveying from a college or university of recognized standing may rate as
equivalent to two years of experience for a total of no more than four years of
[experience] because of undergraduate educational qualifications.
Section 11.307. Reciprocity.
(1) Upon receipt of an application and payment of the fees
required by Sections 11.309 and 11.311 the Governor may issue a certificate of
registration to a land surveyor, requiring compliance with Section 11.310, to a
person who holds a current valid certificate of registration, or its
equivalent, issued by a State, territory or possession of the United States, or
of another jurisdiction, if the applicant is qualified pursuant to this
chapter.
(2) The Governor may enter into a reciprocal arrangement
with a surveyor's registration board or other competent authority of a
jurisdiction:
(a) for the registration in the State of a person authorized
by the authority to practice as a land surveyor; and
(b) for the examination of a candidate who has served as an
apprentice to a registered land surveyor in that jurisdiction and who has
registered his articles with the Governor.
Section 11.308. Application.
(1) An application for registration is on a form prescribed
and furnished by the Governor which:
(a) designates the registration applied for;
(b) shows the applicant's education and a detailed summary
of his technical work;
(c) furnishes five references, at least three of which
concern the applicant's technical work; and
(d) sets forth other information as the Governor may
require.
(2) A nonrefundable application fee of ten dollars
accompanies the application.
Section 11.309. Examination.
(1) A candidate undergoes an oral, written and practical
examination at a time and place determined by the Governor.
(2) An examination determines the candidate's ability to
practice land surveying and includes the subjects of professional ethics, the
provisions of this chapter, and the procedure and rules governing the survey of
public lands stated in the Manual of Surveying Instruction, published by the
Bureau of Land Management, United States Department of the Interior and the
Manual of the Trust Territory Division of Lands and Surveys, if appropriate.
Section 11.310. Certificate of
registration.
(1) The Governor issues a certificate of registration
authorizing the practice of land surveying to a person, who, having paid the
application and registration fee, has satisfactorily met the requirements of
this chapter. A certificate shows the full name of the applicant, has a serial
number, and bears the signature and seal of the Governor.
(2) A certificate is prima facie evidence that the person
named therein is a registered land surveyor entitled to all the rights and
privileges of a land surveyor while the certificate remains in effect.
Section 11.311. Expiration; renewal.
(1) A certificate of registration expires on December thirty first, subject to renewal.
(2) No later than December first of each year the Governor
notifies a registered land surveyor of the date of expiration of his certificate
of registration and the amount of the fee required for its renewal for one
year. Renewal may occur at any time during the month of December by payment of
a renewal fee of five dollars.
(3) Failure of a land surveyor to renew a certificate in a
timely manner does not deprive him of the right of renewal. The renewal fee
increases by one dollar for each month or fraction of a month after December
thirty first. The maximum fee for delayed renewal is ten dollars. The
Governor's failure to notify a person of the date of the expiration of his
certificate, or the amount of the renewal fee does not extend the duration of
the certificate of registration.
Section 11.312. Seal.
(1) Upon receipt of a certificate of registration the
registrant obtains a seal of a design authorized by the Governor which: (1)
bears the registrant's name and the legend "registered land
surveyor," and (2) provides space for stating the serial number and date
of expiration of the certificate of registration.
(2) A plan, plat, report, or specifications prepared by a
registered land surveyor and filed with the Government during the term of
registration bear the seal, showing the serial number and date of expiration of
the certificate of registration.
Section 11.313. Suspension;
revocation.
(1) The Governor has the power and duty to investigate a
violation of this chapter and may suspend or revoke a certificate of
registration if the registrant:
(a) is practicing in violation of this chapter;
(b) has obtained a certificate by fraud or
misrepresentation;
(c) has obtained a certificate by bribery or payment of
money except a fee prescribed by this chapter;
(d) is falsely impersonating a practitioner or former
practitioner or is practicing under an assumed or factitious name;
(e) is under conviction of an offense arising from, or in
connection with, the practice of land surveying, or an offense involving moral
turpitude, in which case a certified copy of the record of conviction is
conclusive evidence of the conviction;
(f) has violated a provision of this chapter;
(g) has aided and abetted in the practice of land surveying
a person not duly authorized to practice land surveying, except as stated in
Section 11.317(3);
(h) has been guilty of fraud or deceit, or of gross
negligence, incompetence, misconduct in the practice of land surveying; or
(i) has permitted his seal to be affixed to a plan, or
drawing, or specification which he did not prepare or which he did not have
prepared under his personal supervision or by his employee or subordinate.
(2) A person may initiate a proceeding for suspension or
revocation by filing with the Governor a complaint in writing and on oath.
Unless he first dismisses it as unfounded or trivial, the Governor hears a
complaint within three months of its filing. The Governor sets a time and place
for the hearing, serving a copy of the complaint with a notice of the time and
place of hearing upon the respondent or mails it to his last known address at
least thirty days before the date of the hearing. At the hearing the respondent
has the right to appear personally, to have counsel, to cross-examine witnesses
appearing against him, and to produce evidence and witnesses in his own
defense.
Section 11.314. Reissuance of
certificate.
(1) On grounds which he finds sufficient the Governor may
reissue a certificate of registration to a person whose certificate he has
revoked.
(2) Subject to regulation the Governor may issue a new
certificate of registration to a person whose certificate he has revoked, or
whose certificate has been lost, destroyed, or mutilated, upon payment of a fee
of ten dollars.
Section 11.315. Corporate or group practice.
(1) An employee of a proprietorship, partnership, or
corporation engaged in construction, manufacturing, transportation,
distribution, or communications to the extent that its operations involves land
surveying, may practice land surveying under the supervision of a land surveyor
in responsible charge, registered pursuant to this chapter.
(2) The practice or offer to practice land surveying for the
public, by an individual registered pursuant to this chapter through a
corporation as an officer, employee or agent, is lawful, if the Individual who
acts on the corporation's behalf as a land [surveyor] in responsible charge is
registered pursuant to this chapter, or is a person lawfully practicing
pursuant to Section 11.317, the president and majority of the officers and
directors of a corporation practicing land surveying are registered land
surveyors, and the corporation has a certificate of authorization issued by the
Governor.
(3) A corporation desiring a certificate of authorization
files with the Governor an application, using a form provided by the Governor,
listing the names and addresses of all officers and board members of the
corporation, the individual duly registered to practice land surveying who are
in responsible charge, and other information required by the Governor. The same
form and information accompanies the annual renewal fee. If there is a change
in personnel during the year, the change appears on the form for filing with
the Governor within thirty days after the effective date of a change. If there
is compliance with this section, the Governor may issue a certificate of
authorization to the corporation.
(4) A corporation authorized to practice land surveying pursuant
to this chapter retains responsibility for the conduct or act of an agent,
employee, or office by reason of its compliance with this section. A person
practicing land surveying retains responsibility for services performed by
reason of his employment or relationship with a corporation. A final drawing,
specification, plan, report, or other paper or document involving the practice
of land surveying prepared or approved for the use of a corporation, for
delivery by it to a person, or for public record, bears the date and the
signature and seal of the land surveyor who prepared or approved it.
Section 11.316. Exemptions. This chapter does not apply to:
(1) a person not a resident of, and having no established
place of business in the State who practices, or offers to practice, land
surveying in the State when the practice does not extend in aggregate for more
than thirty days a year, if the person is registered to practice in his place
of residence and if the requirements and qualifications for obtaining a
certificate of registration there are not less stringent than those stated in
this chapter;
(2) a person who is not a resident of, and has no
established place of business in the State, or who has recently become a
resident of the State, and who practices or offers to practice land surveying
in the State for more than thirty days in a year, if he has filed an
application for a certificate or registration with the Governor and has paid
the required fee, may practice only for that period of time which the Governor
requires for the consideration of the application for registration, which the
Governor approves, if the person is legally qualified to practice the
profession in the state or territory of his residence where the requirements or
qualifications for obtaining a certificate are no less stringent than those
specified in this chapter;
(3) an employee or subordinate of a person holding a
certificate of registration pursuant to this chapter or an employee or a person
exempted from registration by subsection 1 or 2, if the work of the employee or
subordinate does not include final designs or decisions and is under the direct
responsibility and supervision of a person holding a certificate of
registration pursuant to this chapter or a person exempted from registration by
subsection 1 or 2.
(4) officers, employees or members of the armed forces of
the United States, as long as their practice of land surveying is limited to
that work specifically authorized by the armed forces;
(5) the practice of a legally recognized profession other
than that of land surveyor.
Section 11.317. Register.
(1) The Governor records in a register of land surveyors
showing the name, and address, and
qualifications of a registered land surveyor. The Governor signs an entry in
the register. A copy of an entry in the register, purporting to be certified by
the Governor as a true copy, is prima facie evidence that the person named in
the entry is a registered land surveyor.
(2) The register of land surveyors is open to public
inspection upon payment of a fee of one dollar.
(3) The Governor makes an alteration of the register as is
necessary to maintain the register as an accurate record.
Chapter 4. The Deed
of Trust
Section 11.401. Deed of trust;
Recordation; Definitions.
(a) A transfer in trust of an estate in real property may
occur to secure the performance of an obligation or the payment of a debt. A
transfer in trust of a freehold or leasehold interest in real property to
secure an obligation is by deed of trust pursuant to this chapter. A transfer
does not entitle the trustee or beneficiary to the possession of the property,
except as provided in this chapter. A deed of trust complying with the terms
and conditions of this chapter shall be deemed to be an encumbrance upon real
property and subject to the recordation provision of Section 11.619.
(b) The following definitions are applicable to this
chapter:
(1) "beneficiary": a person to whom is owed an
obligation that is secured by the deed of trust; in the case of a secured debt
or other obligation owed to the United States of America, the Farmers Home
Administration, the Department of Housing and Urban Development or the Veterans
Administration, the beneficiary may be any one of these entities;
(2) "trustee": a person, including Department of
Administration and Finance or other legal entity of the State Government
designated by the Governor, to whom a freehold or leasehold interest in
property is conveyed by the trustor to secure payment of a debt or performance
of an obligation owed to the beneficiary and who holds title pursuant to the
terms and conditions of the deed of trust instrument; the trustee is in all
respects a fiduciary with respect to the property for the benefit of the
beneficiary and shall be governed by the terms and conditions of the deed of
trust instrument;
(3) "trustor": the debtor under a deed of trust or
the owner or owners of the freehold and leasehold interest who convey that
interest in real property to the trustee under the terms of the deed of trust
instrument.
Background
Amended by State Law 5-53. Subsection (2) was amended by State Law 7-1.
Section 11.402. Writing. The creation, renewal, modification, or extension of a deed
of trust is in writing containing the terms thereof in both the English language
and the principal language of the trustor, if that be an indigenous language of
the State. In the event of conflict between the two versions of the Deed of
Trust, or any terms thereof, the version in the English language shall prevail.
Background
Amended by State Laws 5-53 and
5-76.
Section 11.403. Foreclosure. Foreclosure of a deed of trust is only by the exercise of a
private power of sale or by judicial sale pursuant to this chapter. This
section does not preclude a court from granting equitable relief.
Background
Amended by State Law 5-76.
Section 11.404. Power of Sale.
(1) When a transfer in trust of any freehold or leasehold
interest in real property secures the performance of an obligation or the
payment of a debt, the trustee has a power of sale for exercise after a breach
of the obligation for which the transfer is security. If at the time of the
exercise of the power of sale, the trustee determines that there exists a
separable portion of the encumbered property that is of sufficient value to pay
all expenses, costs and obligations to the trustee and the beneficiary, the
trustee, in the absence of prejudice to other persons holding an interest in or
encumbrance on the property and by agreement with the beneficiary and the
trustor, may place for sale that portion alone. The beneficiary and the trustee
do not unreasonably withhold their agreement.
(2) The trustee may not exercise the power of sale until
three months following:
(a) the trustee's or beneficiary's filing with the Land Commission
(Court) (changes effective October 1, 2001 by State Law 7-126) a notice of
default, identifying the deed of trust and including such other information as
follows: (1) the name of the trustor; (2) the date of recordation of the deed
of trust; (3) a statement of the occurrence of a breach of the obligation for
which the transfer in trust in security was made; (4) the nature of the breach;
(5) his election to sell or cause to be sold the property to satisfy the
obligation; and (6) the amounts owed and for what periods and the method and
amount to cure such default if cure is made within thirty days of the notice;
and
(b) the electing party's: (1) service of a copy of the
notice of default on the trustor or his successor in interest or, if he cannot
make personal service despite efforts in good faith; (2) mailing the copy by
registered or certified mail with postage pre-paid to the address of the
trustor, or if the address is not known, to the address of the trust property.
Background
Amended by State Law 5-53.
Section 11.405. Reinstatement. The trustor shall have one right of reinstatement. At any
time prior to the date of sale, the trustor or any other person having a
subordinate lien or encumbrance on the property may pay to the trustee the
entire installment amounts then due under the terms of the note and Deed of
Trust up to the date of sale and other costs, such amounts being due and payable
as though no acceleration, if any, of the principal due had occurred. Such
payment shall then cure the default and the sale or proceedings shall then be
discontinued and the obligations of the trustor under the Deed of Trust shall
then be reinstated and remain in full force and effect as though no default had
occurred; PROVIDED, HOWEVER, that such right of reinstatement shall have no
effect on the right of the trustee or beneficiary in the future to accelerate
the debt due to the trustor's further or future default.
Background
Amended by State Laws 5-53 and
5-76.
Section 11.406. Sale.
(1) A sale of real property under a power in deed of trust
occurs by auction to the highest bidder, between the hours of 7:30 a.m. and 4:30
p.m. in the municipality where the real property lies.
(2) Before the sale of property under power contained in a
deed of trust, there is notice of sale by:
(a) personal service or, if personal service does not occur
despite a good faith effort, by mailing a copy of the notice at least twenty
days and not more than sixty days before the date of sale by registered or
certified mail with postage prepaid to the address of the trustor or his
successor in interest, or, if such address is not known, to the address of the
trust property;
(b) publishing a copy of the notice once a week for at least
twenty days before the date of sale in a newspaper of general circulation in
the State, or, if there is no newspaper, by posting the notice for the same
period in three public places in the municipality in which the property lies;
(c) posting a copy of the notice in a conspicuous place on
the property at least twenty days before the date of sale; and
(d) broadcasting the same notice in both English and Kosraean
at least once a week for three weeks prior to the date of sale, by some radio
broadcast station of general AM broadcast capabilities in Tofol;
(e) the trustee, at his discretion, may postpone the public
sale by making a public declaration at the time and place of such sale. If the
postponement is for more than ten days from the date of sale, he publishes
notice of postponement and the new date and time of sale as follows:
(i) publishing a copy of the notice in a newspaper of
general circulation in the State, or, if there is no newspaper, by posting the
notice in three public places in the municipality in which the property lies;
(ii) posting a copy of the notice in a conspicuous place on
the property at least twenty days before the date of sale; and
(iii) broadcasting the same notice in both English and
Kosraean, by some radio broadcast station of general AM broadcast capabilities
in Tofol.
(3) When the trustee receives a written request signed by
the trustor and beneficiary for a postponement of the sale to an agreed date
and hour the trustee by public declaration postpones the sale to the requested
day and hour at the place originally fixed by the trustee for the sale. The
trustee gives public notice of postponement at the time and place originally appointed
for the sale. There is no other required notice of the postponed sale.
(4) Following sale the trustee (1) makes without warranty,
executes and, upon payment, delivers to the purchaser, a deed of the premises
which conveys to the purchaser the full title of the trustor in the premises,
subject to any interest or other lien having priority over the deed of trust,
and (2) applies the proceeds of sale in payment of (a) first, the expenses of
sale, together with the reasonable expenses of trust, including reasonable
attorney's fees, and (b) second, to the unpaid interest owed on the debt
secured by the Deed of Trust, then to the unpaid principal balance on that
debt, including any advances made by the beneficiary and, (c) third, to any
subordinate lien holders of record as of the date of sale in accordance with
their lien priority, (d) fourth, any balance or surplus of such proceeds of
sale shall then be applied to any other interest and principal indebtedness
owed to the beneficiary by the trustor. Any remaining balance of such proceeds
of sale shall be paid to the trustor, his heirs, executors, administrators or
assigns.
(5) A recital in a deed executed pursuant to power of sale
stating compliance with all requirements of law regarding filing of notice of
default, personal service or mailing copies of the notice of default, election
to sell and notice of sale to the trustor or his successor in interest,
publishing or posting, or both, notice of sale, and personal service or mailing
copies of notices constitutes prima facie evidence of compliance with the
requirements and conclusive evidence in favor of bona fide purchasers and
encumbrancers for value and without notice.
(6) A sale made pursuant to this chapter vests in the
purchaser the title of the trustor without equity or right of redemption.
(7) No one who is not a citizen of the Federated States of
Micronesia and Kosraen by descent is an
eligible buyer of a freehold interest at any foreclosure or public sale. If at
the time and place specified for sale no eligible buyer appears, unless the
trust instrument directs otherwise, and except in cases where subsection (8) of
this section is applicable, the trustee purchases the property in his own name
in trust for and on behalf of the beneficiary, for the remaining unpaid balance
of the debt secured by the deed of trust, and may thereupon enter into
possession of the property, recording the purchase and other evidence of title
with the Land Commission. The trustee then is in all respects a fiduciary of the
property for the benefit of the beneficiary, and may lease, operate, manage,
and sell, or otherwise dispose of the property under terms, covenants and
conditions specified by the beneficiary. The trustee and beneficiary of a deed
of trust may at any time agree or enter into a trust or holding agreement
formalizing the rights, duties and obligations concerning the property secured
by a deed of trust.
(8) In a case where the beneficiary is the Farmers Home
Administration and the proceeds from the sale are insufficient to satisfy all
amounts due to the beneficiary under the deed of trust instrument, then the
trustee shall notify the beneficiary and make up the deficiency to the
beneficiary from such Fund as shall be established by the trustee for said
purpose, and in such event the beneficiary shall assign all of its rights and interests in the deed
of trust to the trustee. Upon payment by the trustee of all deficiencies
incurred pursuant to a deed of trust instrument, the trustor shall be liable to
the trustee for all such deficient amounts, the expenses of sale, the expenses
of the trust, reasonable attorney's fees, and the interest and principal due.
The trustee may bring an action against the trustor for the recovery of such
deficient amounts paid by the trustee to the beneficiary and all other costs
incident thereto.
Background
Amended by State Laws 5-53, 5-76
and 6-61.
Section 11.407. Discharge;
reconveyance; satisfaction.
(1) A beneficiary discharges a deed of trust by his
acknowledged certificate, stating that there has been payment of satisfaction
or discharge of the debt secured by the deed of trust, referring to the name of
the trustor and the date of recordation with the Land Commission (Court). (changes
effective October 1, 2001 by State Law 7-126)
(2) Upon satisfaction of a debt secured by a deed of trust,
the beneficiary of the deed of trust executes, acknowledges and delivers to the
trustor or the owner of the land a certificate of discharge of the debt. Upon receipt of notice, the trustee executes
a full reconveyance of title to the trustor or owner. The beneficiary delivers
to the trustor, the deed of trust and the paid or satisfied note.
Section 11.408. Waste. A person who has transferred in trust an estate in real
property as security for the performance of an obligation or the payment of a
debt does not act in a manner to impair substantially the beneficiary's
security.
Section 11.409. Receiver.
(1) At any time after the filing of a notice of breach and
election to sell real property under a power of sale in a deed of trust the
trustee or beneficiary of the deed of trust may apply to the Court for the
appointment of a receiver of the property.
(2) The Court appoints a receiver when it appears that (1)
real property subject to the deed of trust is in danger of substantial waste;
(2) the property's income is in danger of being lost; (3) personal property
subject to the deed of trust is in danger of being lost, removed, materially
injured or destroyed, or (4) the property is or may become insufficient to
discharge the debt which it secures.
Section 11.410. Recording; assignment. Recording of the beneficial interest in a deed of trust in
the Land Commission (Court)
(changes effective October 1, 2001 by
State Law 7-126) results in constructive notice to the public of the
interest. The beneficiary may assign his benefits under the deed of trust
without the consent or knowledge of the trustor unless the deed of trust
instrument provides to the contrary.
The recordation of such assignment shall be deemed notice to all persons
as of the date of such recordation.
Background
Amended by State Law 5-53.
Section 11.411. Loan Guarantee Escrow Account. In a case where the beneficiary is the Farmers Home Administration,
the trustee, who shall be the State Office of Budget and Planning or other
legal entity of the State Government designated by the Governor, establishes
and maintains a Loan Guarantee Escrow Account in an amount to be agreed upon by
the trustee and the beneficiary. Such account is to be maintained in a State
financial institution which has Federal Deposit Insurance Corporation (FDIC)
coverage, and any interest earned is redeposited into the account. The use of
funds from the account is for the sole purpose of servicing loans made by the
beneficiary in the event of the trustor's default on the obligations under the
terms of the promissory note and the deed of trust security instrument securing
such note and for which such note is guaranteed by the Loan Guarantee Escrow
Account through the trustee. The trustee and Farmers Home Administration, as
beneficiary, are directed by a Memorandum of Understanding as to the procedure
for the use of funds from the Loan Guarantee Escrow Account. The Loan Guarantee
Escrow Account is not terminated without the written consent of the trustee and
the Administrator of Farmer's Home Administration.
Background
Added by State Law 4-39 and
amended by State Laws 5-53 and 5-76.
Section 11.412. Judicial sale; notice of default. Not less than thirty (30) days prior to the commencement of
any action or proceeding seeking foreclosure of a deed of trust, written notice
of default [is given] containing the same information and
served and filed in the same manner as provided by Section 11.404,
sub-subsections (2)(a) and (b). The notice shall be in both English and
Kosraean.
Background
Added by State Law 5-76.
Section 11.413. Judicial Sale;
Proceedings.
(1) All actions for foreclosure of deeds of trust shall be
brought in the Kosrae State Court.
(2) Service of summons in an action of foreclosure shall be
made in accordance with the applicable provisions of State law and such rules
of procedure consistent therewith that are adopted by the Kosrae State Court.
(3) The complaint in an action for foreclosure of a deed of
trust shall set forth the date of execution of the deed of trust; its
assignments, if any; the name and residence of the trustor; a description of
the subject property; a statement of the date of the note or other obligation
secured by the deed of trust, and the amount claimed to be unpaid thereon; and
the names and places of residence of all persons having or claiming interest in
the property that are subordinate in right to that of the beneficiary of the
deed of trust, all of whom shall be made defendants in the action. No person
holding a conveyance from or under the trustor of the subject property, or having
a lien thereon, which conveyance or lien does not appear of record at the time
of the commencement of the action, need be made a party to such action, and the
judgment therein rendered, and the proceedings therein had, shall be conclusive
against the party holding such unrecorded conveyance or lien as if he had been
a party to the action.
(4) If, upon trial in such action, the court shall find the
facts set forth in the complaint to be true, it shall ascertain the amount due
to the plaintiff upon the secured debt or obligation, including interest, costs
and attorney's fees, and shall render judgment for the sum so found due, and
order that the same be paid into the court within a period of three (3) months
from and after the date on which the order was made.
(5) When the trustor after being directed to do so, as
provided in Subsection (4) of this Section, fails to pay the principal and
interest, and costs, and attorney's fees incident thereto to the extent
permitted under this act at the time directed in the order, the court shall
order the property (or so much thereof as may be necessary) to be sold; but
such sale shall not affect the rights of persons holding prior recorded
encumbrances upon the same estate or part thereof. Any sale of property under a
judgment of foreclosure shall be made by some person appointed by the court for
that purpose and must be made at a public place to be designated by the court,
upon the notice and in the manner provided by law governing sales under
execution with such additional requirements including, but not limited to, the
extension of the term of notice, and requirement of publication or announcement
in local newspaper, radio, or other reasonable public medium, as may be
prescribed by the court to attempt to assure a reasonable return from the sale.
Nothing in this act shall deny to the beneficiary the right to purchase
property at a foreclosure sale; PROVIDED, HOWEVER, that said beneficiary is
otherwise eligible to own land within Kosrae.
(6) Whenever any property shall be sold under judgment of
foreclosure pursuant to the provisions of this act, the person making the sale
must give to the purchaser a certificate of sale and properly record a
duplicate thereof, and file a duplicate with the court. The certificate shall state
the date of judgment under which the sale was made, the names of the parties, a
particular description of the property sold, the price bid for each distinct
lot or parcel, and the period during which the property is subject to
redemption. At the expiration of the time for the redemption of such property,
if the same is not redeemed, the person making the sale, or his successor in
office, or other officer appointed by the court, must make to the purchaser,
his heirs, or assignees, or to any person who has acquired the title of such
purchaser by redemption or otherwise, a deed or deeds to such property. Such
deed shall vest in the grantee all the rights, title and interest of the
trustor in and to the property sold, at the time the deed of trust was executed,
or subsequently acquired by him and shall be a bar to all claim, right, or
equity of redemption in or to the property by the parties to such action, their
heirs and personal representatives, and also against all persons claiming under
them, or any of them, subsequent to the commencement of the action in which
such judgment was rendered.
(7) The proceeds of every foreclosure sale must be applied
to the costs of sale; then to the costs of collection and foreclosure
proceedings, including attorney's fees to the extent that such costs and fees,
exclusive of court charges, do not cumulatively exceed $2000 or one-third of
the principal and interest remaining due on the debt, whichever is less; then
to the interest due; and then to the principal debt. If there is any surplus,
it must be brought to court for the use of the defendant or person entitled
thereto, subject to order of the court.
(8) Upon sale of any property, under decree for a sale to
satisfy a deed of trust or other encumbrance thereon, if there shall be a
balance due to the plaintiff after applying the proceeds of the sale, the
court, upon motion, shall give a decree against the defendant for any such
balance for which, by the record of the case, he may be personally liable to
the plaintiff, upon which execution upon the assets of the defendant shall be
issued immediately if the balance is all due at the time of the rendition of
the decree.
(9) If the debt which the deed of trust secured is not all
due, as soon as sufficient property has been sold to pay the amount due, with
costs, the sale shall cease; and afterwards, as often as more becomes due for
principal or interest, the court may, on motion, order more to be sold. But if
the property cannot be sold in portions without injury to the parties, the
whole shall be ordered to be sold in the first instance, and the entire debt
and costs paid, there being a rebate of interest where such interest is proper.
(10) Upon motion by an aggrieved party filed within one (1)
year of the date of sale, the court may vacate a foreclosure sale and order a
new sale upon a finding that there has been fraud in the procurement of the
foreclosure decree, where the sale has been improperly, unfairly, or unlawfully
conducted, or when the sale is so tainted by fraud that to allow it to stand
would be inequitable.
Background
Added by State Law 5-76.
Section 11.414. Redemption time and payment; disputes as
to amount. The judgment debtor may redeem the property from the
purchaser within twelve months of the date of the sale, upon paying the
purchaser the amount of his purchase, with one percent per month interest
thereon, up to the time of redemption. In addition, the judgment debtor shall
pay the following: (1) the amount of any assessment or taxes; (2) any costs or
sums paid for fire insurance, management, maintenance, upkeep, or repair of
improvements located upon the property; and (3) any sum paid on a prior
obligation secured by the property to the extent such payment was necessary for
the protection of the purchaser's interest, which the purchaser may have paid
thereon after purchase, and interest on such amounts in the amount computed
above. Upon receipt of such payment the purchaser shall execute to the judgment
debtor a proper certificate of redemption in the form prescribed below. In the
event of a disagreement between the purchaser and the judgment debtor as to
whether any such sum demanded by the purchaser is a proper charge to be added
to the amount required for redemption, the judgment debtor shall thereupon pay
to the clerk of the State Court of which execution, or order authorizing the
sale, was issued the amount demanded by the purchaser for redemption which the
purchaser believes, in good faith, are the amounts allowed by this act, less
the amount in dispute, and shall at the same time file with the court a
petition in writing setting forth specifically the item or items demanded to
which he objects, together with his reasons for such objections, and asking
that such amount be determined by the court. In no event shall the amount
deposited with the clerk of the State Court be less than the purchase price as
paid by the purchaser at the foreclosure sale, plus interest from the date of
purchase to the date of deposit with the clerk of the State Court at twelve
percent (12%) per annum, plus an amount equal to ten percent (10%) of the said
purchase price. The court shall thereupon fix a day, not less than twenty (20)
nor more than sixty (60) days from the date of such filing, or if the court not
be in session not less than five (5) nor more amount equal to ten percent (10%)
of the sold purchase price. The court shall thereupon fix a day, not less than
twenty (20) nor more than sixty (60) days from the date of such filing, or if
the court not be in session, not less than five (5) nor more than ten (10) days
from the day it again sits, whichever is later, for the hearing of said
objection; a copy of said petition, together with a notice of hearing, giving
the time and place thereof, shall be served by the judgment debtor seeking
redemption, or his attorney, upon the purchaser not less than twenty (20) days
before the day of the hearing; upon the day fixed, the court in which the order
of sale or execution was originally issued shall determine by order duly
entered in the minutes of said court, the amount required for redemption,
either upon affidavit or evidence which is satisfactory to the court; and when
the amount has been so determined and in the event the amount thereto deposited
with the court is sufficient, the same shall forthwith be paid to the purchaser
upon his execution of a proper certificate of redemption, said certificate
stating the name of the purchaser and of the redemptioner, and further stating
the claim, instrument or judgment under which the redemptioner derives the
right to redeem, and further stating the date of the redemption and amount for
which it was made, and particularly describing the redeemed property. In the
event an additional amount to that theretofore paid to the court is required,
the redemptioner shall pay such additional amount to the clerk within ten (10)
days. He shall then pay the whole amount necessary to the purchaser upon his
execution of a proper certificate of redemption. The certificate of redemption
so issued may be deposited with the clerk for delivery to the redemptioner, or
given to the redemptioner at the time of payment.
Background
Added by State Law 5-76.
Section 11.415. Rights of purchaser and redemptioner to
rents and profits. The purchaser is entitled to receive from the tenant in
possession the rents of the property sold, or the value of the use and
occupation thereof, for the period from the sale until a redemption. However,
the amount of any rents or profits that have been received by the purchaser or
his assigns from the property sold preceding redemption, less reasonable
expenses incurred in the production of such rents and profits and any
management fee, shall be a credit upon the redemption money to be paid. If the
redemptioner, before the expiration of the time allowed for redemption, demands
in writing of such purchaser a written and verified statement of the amounts of
such expenses, rents and profits, the period for redemption is extended for a
period of twenty (20) days after the normal expiration of the redemption
period.
Background
Added by State Law 5-76.
Chapter 5. Homestead
Section 11.501. Designation. The Governor may designate for homesteading purposes an
area of public land suitable for dwelling, agriculture or grazing, not required
for Government use or reserved for other purposes, for allotment to an eligible
person with the right to acquire title pursuant to this chapter.
Section 11.502. Regulation. By regulation the Governor determines:
(1) the maximum area of land allowable for each dwelling,
agriculture, or grazing homestead;
(2) standards and requirements for the use, occupation and
development of the homestead; and
(3) the total amount of land which a person, clan, lineage,
family or group of persons may own.
Section 11.503. Eligibility. In addition to other requirements provided by law or
regulation the following determines homesteading eligibility:
(1) A person is eligible for homesteading if he has attained
the age of eighteen, and is a domiciliary. A person may not acquire a homestead interest in a
parcel of land which exceeds the maximum established area. A person may not
acquire more than one homestead, except that a qualified person may have one
dwelling homestead and one farming homestead. A person who owns land, the size
of which equals or exceeds the maximum established homestead area may not
acquire a homestead.
(2) A clan, lineage, family or group of persons who
collectively possess land rights by tradition recognized by the Governor is eligible if the Director of
the Department of Agriculture, Land and Fisheries, taking cognizance of the
tenure tradition, recommends to the Governor that the clan, lineage, family
or group of persons is eligible for a homestead. A clan, lineage, family or
group of persons may not acquire a homestead which exceeds the established
maximum area.
Background
Subsection (2) was amended by
State Law 7-1.
Section 11.504. Application. The Director of the Department of Agriculture, Land and
Fisheries receives an application for a permit to homestead land. The sworn
application states:
(1) facts upon which the applicant relies to establish his
eligibility to homestead;
(2) a description by metes and bounds of the property sought
for homestead; and
(3) other data required by regulation.
Background
Amended by State Law 7-1.
Section 11.505. Approval. The Director of the Department of Agriculture, Land and
Fisheries verifies the applicant's eligibility and presents the essential facts
of the application to the Governor for his approval or disapproval.
Background
Amended by State Law 7-1.
Section 11.506. Issuance. Upon approval of an application, the Governor issues a
permit to enter upon, use and improve the land in accordance with regulation.
The permit describes the land and contains a reservation of a public road,
right of way, or easement, and mineral rights and uses essential to the public
welfare.
Section 11.507. Conditions.
(1) The homesteader enters upon and commences the use and
improvement of the land in accordance with a homestead permit within one
hundred twenty days after receipt of a permit. If the homesteader does not
enter the land as required, the permit expires and is null and void, and the
homesteader thereby waives all rights in the land.
(2) Within six months of entry the homesteader places at all
corners of the land markers obtained from the Department of Agriculture, Land
and Fisheries, and maintains all boundaries clear of weeds, trash and
underbrush.
(3) During the period of occupancy the homesteader complies
with laws and regulations concerning the use, occupation and development of the
land.
Background
Subsection (2) was amended by
State Law 7-1.
Section 11.508. Deeds. The Governor issues a deed of conveyance on behalf of the
Government for homestead land entered pursuant to this chapter upon the
expiration of three years from the date of entry and the Director of the
Department of Agriculture, Land and Fisheries certification that the
homesteader has complied with all law and regulation relating to the
homestead. The Governor issues the deed
of conveyance within two years of the time the homesteader becomes eligible to
receive the deed of conveyance. A deed of conveyance conveys to the homesteader
all Government rights to the land and improvements, except rights reserved by
law or by permit.
Background
Amended by State Law 7-1.
Section 11.509. Transfer. A person may
not sell, assign, lease, transfer or encumber a homestead permit; except that,
if a homesteader dies before the issuance of a deed of conveyance, all rights
in the permit inure to the benefit
to the person the homesteader has designated in a writing filed in the
Department of Agriculture, Land and Fisheries. If the homesteader did not make
a designation the Director of the Department of Agriculture, Land and Fisheries
revokes the permit, and the land, with all appurtenances, reverts to the
Government.
Background
Amended by State Law 7-1.
Section 11.510. Revocation. If, after the issuance of a permit and before the
expiration of three years following entry of the homestead land, the Land
Management Officer or other person shows to the satisfaction of the Governor
that the homesteader has abandoned the land or has failed to comply with
applicable law and regulation, after the homesteader has a fair opportunity to
oppose the allegation, the Governor revokes a permit and the land reverts to
the Government. The Governor may allow the homesteader an extension of the
three year period for unavoidable cause.
Section 11.511. Waiver. Upon recommendation of the Land Management Officer the
Governor may waive a homesteading regulation, if the public interest requires.
Section 11.512. Certificate.
(1) Certification pursuant to Section 11.508 gives a
homesteader a right to issuance of a deed of conveyance of the Government's
right, title and interest in the homestead land. Following certification the
Governor promptly issues a certificate of compliance to the homesteader. A
certificate of compliance is an instrument evidencing an interest in real
property. The holder may sell, lease, or in any other way alienate the
interest. A transferee succeeds to a right of a transferor to the extent the
transferor has transferred it to him.
(2) Upon issuance of a certificate of compliance Sections
11.509 and 11.510 cease to apply and homestead rights cease. This section does
not deprive the certificate holder of the full right of possession and use of
the land which is the subject of the permit and certificate, or of the rights
provided in this section.
Chapter
6. Determination and Registration of
Interests in Land
(repealed effective October 1, 2001 by State Law 7-126)
Section 11.601. Registration
teams. To the extent funding permits, the Commission nominates, and
following Legislature consent, appoints one registration team for each
municipality of five members, each of whom serves a term of two years. A team
member appointed pursuant to law holds office until appointment of a successor.
A member is a citizen who is at least twenty-five years of age and has resided
for at least ten years preceding nomination in the municipality for which the
team to which he is assigned is responsible, except that the Commission may
assign a non-resident team member to a team whenever there is vacancy in the
team or for other reasons the team does not have full membership. A majority of
the members of a team constitutes a quorum for the purpose of conducting
hearings, making decisions or transacting other team business. A team has a
chairman appointed by the Commission. The Commission supervises a team's
performance but does not interfere in its adjudicating process.
Background
Amended by State Law 5-14.
Section 11.602. Independence of
judgment; disqualification; pro tempore appointment.
(1) A Commissioner and member of a registration team
exercise the independence of judgment of a judge.
(2) After a team has recorded a parcel for adjudication a
member or Commissioner who has an interest in the claim, or is a near relative
of a person having an interest, disqualifies himself from taking part in
hearings or other consideration regarding the parcel. If there is an issue
regarding disqualification, the Commission resolves the issue. By regulation
the Commission defines terms and establishes procedures for disqualification.
(3) The Commission makes a pro tempore appointment from
among team members to fill a temporary vacancy in the Commission or a team
resulting from disqualification or other cause. Pro tempore appointment of a
non-team member for a period not exceeding sixty days may occur if no team
member is available. By regulation the Commission provides a procedure for pro
tempore appointment, assuring that appointment is by random, blind designation.
Case
Law
Heirs of Mongkeya v. Heirs of
Mackwelung 3 FSM Intrm
92 (1987).
(No
decision maker may be a near relative).
Other
Law
Land Commission Regulations, Regulation 24-88, 10/10/88.
Part
2.2 Procedure for disqualification
Part
2.3 Pro tempore Appointment
Section 11.603. Designation of registration area. The Commission systematically designates registration
areas for treatment within a year. The team in whose municipality an area lies
is responsible for the area. When action in an area is complete except for
disputed cases, or cannot be completed within a year, the Commission in the public
interest may designate other areas until the Commission has treated all land in
the State which the Commission determines to be suitable for registration.
Section 11.604. Filing of designation; Court preemption. The Commission files a designation of a registration area
with the Court. The Court entertains no action which concerns an interest in
land within a registration area without first determining that special cause
exists for an action to proceed before the Commission has disposed of the
matter. If the Court entertains the action, it notifies the Commission
promptly, accurately describing the land involved.
Section 11.605. Boundaries. Upon designation of a registration area, a qualified person
designated by the Commission makes an accurate survey of the exterior bounds of
the area and of claimed parcels within the area, placing markers at the
Commission's direction. Following a title determination the Commission provides
that the boundaries of determined parcels are clear by either permanent markers
or by readily recognizable natural features.
Cross-reference:
For offense see Section 13.618.
Section 11.606. Duties of registration team. A registration team has the power and duty to:
(1) institute a preliminary inquiry regarding a claim of
interest within the area for which it is responsible and record each
well-founded claim for hearing;
(2) if the recording of claims is complete for an area,
proceed following notice to claimant to hear the claimants and witnesses and
adjudicate claims, subject to review by the Commission;
(3) upon reaching a decision, or witnessing a settlement by
all claimants to the parcel, regarding a parcel, record:
(a) the place name of the parcel or its brief description;
(b) the name of a person found to have a lawful Interest
therein; and
(c) the nature of an interest;
(4) upon completion of inquiry, adjudication and recording
of interests submit its record to the Commission for review, including the
substance of all relevant testimony, if a dispute exists.
Section 11.607. Procedure for
disputed parcel.
(1) A registration team attempts to adjudicate claims to as
many parcels within an area as is practicable within a year after designation,
avoiding involvement in a dispute which would seriously interfere with the year's
scheduling. If a team finds that consideration of a disputed claim would
seriously interfere with the year's scheduling, it may refer the claim to the
Commission without adjudication.
(2) If the Commission finds that a team is giving excessive
time to a disputed parcel, it may withdraw the claim from the team.
(3) If a team relinquishes a recorded parcel to the
Commission before adjudication, it submits its record concerning the claim
including the substance of all relevant testimony taken by the team. The
Commission proceeds to hear the claimants and witnesses and make a
determination on evidence received by the team and the Commission. The
Commission may refer the claim to the Court for adjudication without
determination.
(4) If the Commission refers a matter to the Court without
determination, the Court, after the time for appeal from its decision has
expired without the filing of a notice of appeal or after conclusion of an
appeal, certifies the judicial result to the Commission. The Commission issues
a certificate of title in the same manner as following a Commission
determination.
(5) The Commission and a registration team do not
redetermine a matter already adjudicated by a court between the same parties or
those under whom the parties claim. The Commission and a registration team
accept prior judgments and orders of a court as binding on a party, to the
extent the judgment or order applies, without receiving evidence.
Section 11.608. Commission review of adjudication. Upon receipt of a registration team adjudication and the
accompanying record the Commission reviews the record and:
(1) affirms the adjudication, making a determination of
ownership;
(2) returns the record to the team with instructions for
further hearing or other action; or
(3) holds hearings and makes a determination of ownership
based on the record and the further evidence received by the Commission.
Section 11.609. Notice of
hearing.
(1) Before a registration team conducts a hearing concerning
a parcel it gives notice containing a description of the parcel and the time
and place of hearing at least thirty days before the hearing by:
(a) posting notice on the parcel in both the Kosraean and
English languages;
(b) posting notice at the municipal office of the
municipality in which the parcel lies;
(c) serving notice without charge upon all parties shown by
the preliminary inquiry to have an interest in the parcel by:
(1) personal service by the Commission or in the manner
prescribed for service of a civil summons by the Court's rules of civil
[procedure], if a claimant is residing in the State, or
(2) registered air mail, postage prepaid, to the party's
last known address, if a claimant is residing outside the State.
(2) During the period between completion of notice and
hearing, a person claiming an interest in the parcel may file a written claim
with the Commission before the hearing or an oral claim at the hearing.
Section 11.610. Powers of Commission and registration
team. The Commission and a registration team have the power and
duty to:
(1) administer oaths to witnesses;
(2) take testimony under oath;
(3) subpoena witnesses;
(4) order the production of papers and documents; and
(5) punish for contempt committed in its presence.
Section 11.611. Hearing. In a hearing the Commission and a registration team adhere
to those parts of the Court's rules of civil procedure and evidence which the
Commission by regulation designates and other procedural and evidentiary rules
which the Commission provides by regulation. The Commission and a registration
team consider any evidence which it determine may aid in reaching a just
decision, if regulations provide. A hearing is public and a person claiming an
interest in the parcel has the opportunity to present his claim. A hearing
occurs in the municipality in which the parcel at issue lies. A party,
including a representative appointed pursuant to Section 11.612 or by a court
or other lawful authority, may have the assistance of counsel.
Case
Law
Likiaksa v. Lonno 3 FSM Intrm. 465
(1988).
(Power
of the Commission to disregard claim
based on Japanese survey)
Other
Law
Land Commission Regulations, Regulation 24-88, 10/10/88.
(Part
3 Hearings)
Section 11.612. Minor; incompetent. If the Commission or a registration team finds that a party in interest is a minor
or incompetent, the Commission or team appoints a person to act as guardian and
represent the minor or incompetent unless he is already represented by a person
appointed by a court or other lawful authority. A guardian appointed by a
Commission or team has full authority and power to act for the minor or
incompetent in matters in connection with the parcel, but may not encumber or
alienate land under his guardianship except pursuant to court order.
Section 11.613. Notice of determination of ownership. The Commission gives notice of a determination of ownership
promptly in the manner prescribed in Section 11.609(1).
Case
Law
Benjamin v. State of Kosrae 3
FSM Intrm. 508 (1988); Palik v. State of
Kosrae 5 FSM Intrm. 147 (1991).
(Effect
of determination of ownership)
Section 11.614. Appeal from determination of Commission. A determination of ownership by the Commission is subject
to appeal to the Court within one hundred twenty days from the date of receipt
of notice of the determination. The Court hears an appeal on the record unless
it finds that good cause exists for a trial of the matter.
Case
Law
Heirs of Mongkeya v. Heirs of
Mackwelung (II) 3 FSM Intrm 395 (1987).
(Standard
of Review for Land Commission Decisions)
Section 11.615. Concurrence of majority. The concurrence of at least two Commissioners is necessary
for Commission action. The concurrence of at least three members of a
registration team is necessary for team action.
Section 11.616. Issuance of certificate of title.
(1) After the period for appeal from a determination of
ownership has elapsed without the filing of a notice of appeal, or after an
appeal has concluded, the Commission issues a certificate of title setting
forth the names of each person holding an interest in the parcel pursuant to
the determination, either as originally made or modified by judicial action. A
certificate of title is conclusive upon a person who had notice of the
proceedings and a person claiming under him and is prima facie evidence of
ownership, except that a determined interest is subject to the following,
whether or not stated in the certificate:
(a) a right of way over the parcel; and
(b) a lease or use interest not exceeding one year.
(2) A preexisting easement or other right appurtenant to a
parcel remains appurtenant even if not described in the certificate, and passes
with the parcel until cut off or extinguished in a lawful manner independently
of the certificate.
Case
Law
Benjamin v. State of Kosrae 3
FSM Intrm. 508 (1988); Palik v. State of
Kosrae 5 FSM Intrm. 147 (1991).
(Effect
of certificate of title)
Section 11.617. Registry of titles.
(1) The Commission retains the original certificate of title
in a permanent register. The Commission issues a duplicate certificate to the
owner or his authorized representative.
(2) The Commission notes a transfer or encumbrance of an
interest, other than one excepted by Section 11.616, on the original
certificate of title. A notation has the force and effect of recordation.
(3) An owner of a registered parcel submits his duplicate
certificate for endorsement or cancellation by the Commission upon the
voluntary or involuntary transfer of an interest in the parcel.
(4) Upon loss or destruction of the owner's duplicate
certificate, the owner may petition the Commission under oath to issue a
replacement certificate. The Commission, after notice and hearing as it may
determine, may issue a replacement certificate bearing notation of its
replacement nature.
(5) Before noting a transfer of interest in the parcel on a
certificate of title the Commission determines that the document of transfer is
in proper form, including a correct description of the parcel.
(6) If a transfer of a certificate holder's entire interest
occurs, the Commission cancels the certificate and issues a new certificate of
title to the transferee.
(7) If a transfer of a portion of the parcel has occurred,
the Commission may require that the certificate holder have the transferred
portion surveyed by the Commission at his expense. The Commission issues a
certificate of title for each part of the parcel covered by the original
certificate.
(8) If an owner of an interest in a registered parcel dies,
devising the interest by will, the devisee may submit the testator's duplicate
certificate to the Commission which cancels the testator's duplicate
certificate and the original certificate of title and issues a certificate to
the devisee.
(9) If an owner of an interest in a registered parcel dies
without devising the interest by will, a person claiming the interest may
submit the duplicate certificate to the Commission which cancels the
intestate's duplicate certificate and the original certificate of title and
issues to the heir.
(10) If a deceased's parcel requires division, the
Commission may require that, before issuance of new certificates of title, the
devisee or heir have the parcel surveyed and a map prepared to the Commission's
satisfaction, showing the area devised or inherited. The Commission then issues
certificates for each part of the parcel.
(11) The Commission makes a determination of the lawful
devisee or heir and respective interests in accordance with the following:
(a) Upon the death of an owner of a registered parcel, the
Commission conducts a hearing at which it receives evidence to determine
inheritance of the parcel. The Commission conducts a hearing within sixty days
of a request by a person claiming to be an heir or devisee.
(b) The Commission makes a finding regarding inheritance and
their respective interests within thirty days of conclusion of a hearing.
(c) A party may appeal to the Court a determination made
pursuant to this section in the manner provided in Section 11.614.
Section 11.618. Regulations. By regulation the Land Commission provides for recordation
of the transfer and encumbrance of an [interest] in land.
Section 11.619. Effect of failure to record. A transfer of, or encumbrance upon an interest in real
property, except a lease for a term not exceeding one year, is subordinate to a
subsequent purchase, lease for more than one year or encumbrance, including by
deed of trust, of the interest, if the purchaser, lessee, or person holding the
encumbrance, acting in good faith for valuable consideration without notice of
the prior transfer or encumbrance, first duly records the transfer or
encumbrance. A transfer of, or encumbrance upon, an interest in real property,
except a lease for a term not exceeding one year, is valid as to a judgment
affecting the title, if recordation of the transfer or encumbrance occurred
before the commencement of the action in which the Court subsequently renders
judgment.
Background
Amended by State Law 5-76.
Chapter 6. Determination and Registration of Interests
in Land
Section
11.601. Short Title. This act shall be known and may be cited as
“The Land Court Act of 2000”.
Section
11.602. Definitions. As used in this Chapter the following words
and phrases have the meaning herein described:
(1) “Clerk of the Court” means the person
designated to act as clerk for all actions of the Land Court;
(2) “Interests in land” means every interest in
land, including but not limited to, fee simple ownership, easements, covenants
that run with the land, leaseholds and other estates in land;
(3) “Justice” means any Justice of the Land Court;
(4) “Land Court” or “Court” means the Land Court
created by this
chapter;
(5) “Register of Titles and Interests in Land” or
“register” means the book, files or documents in which the registration and
recordation of all titles and other forms of land ownership or rights in land
are filed;
(6) “Registration area” means any area which has
been designated for treatment by the Land Court to determine boundaries and
ownership interests; and
(7) “Registrar” means the person or persons
assigned the duties within the Land Court to record, register, and maintain
records of title and ownership interests and parcel boundaries as may be
determined by the Court.
Section 11.603. Land Court, Creation and Composition.
(1) The Land Court is hereby established as an
inferior court, within the Kosrae State Court system, for the purposes of title
investigation, title determination, and the registration of interests in lands
within this State and to provide one system of filing all recorded interests in
land.
(2) The Land Court consists of a Principal Land Court Justice and not more than two Associate Land Court Justices.
(a) In the event that all Land Court justices
have a conflict of interest or for other reasons are legally disqualified from
hearing a case before the Land Court, a Justice of the Kosrae State Court may hear
and adjudicate the matter.
(b) In the event none of the Land Court
Justices nor the State Court Justices can adjudicate a particular case because
of a conflict of interest or other legal disqualification, a Justice Pro Tem or
alternate Justice must be designated to hear and adjudicate the matter pursuant
to the Kosrae State Code or General Court Orders.
(3) All Land Court Justices shall be nominated and
appointed by the Governor, subject to the advice and consent of three-fourths
of the Senators of the Kosrae State Legislature.
(4) Land Court Justices shall hold office, during
good behavior, for a term of six years or until a successor is confirmed. Justices may be reappointed.
(5) All cases pending before the former Land
Commission at the time of the effective date of this Act shall be transferred
to the Land Court for hearings, decision and adjudication.
Section
11.604. Jurisdiction. The jurisdiction of the Land Court shall
extend throughout the State of Kosrae and include all matters concerning the
title of land and any interests therein.
Section
11.605. Powers of the Court.
(1) The Land Court has the power to:
(a) Issue service of process;
(b) Make orders for the attendance of witnesses
and the production of documents;
(c) Make orders for the disposition of exhibits
and evidence;
(d) Make orders and decisions regarding the
determination of interests and registration of land, including the subdivision
of any interest or rights in land;
(e) Make orders and decisions which determine
any claim of heirship to a deceased person’s title or interest in lands;
(f) Issue certificates of Title setting forth
the names of all persons or entities holding interest in parcels of land;
(g) Engage in additional actions, not inconsistent
with law, rule or general court order of the Kosrae State Court, required to
carry out its functions.
Section
11.606. Administration.
(1) The Chief Justice of the Kosrae State Court
shall promulgate
evidentiary
and procedural rules and regulations governing hearings of the Land Court;
provided however, that all Land Court Justices shall be allowed and expected to
exercise independent judgment performing the powers specifically granted to
them herein;
(2) To the maximum extent possible, the Chief
Justice of the Kosrae State Court shall provide for the sharing of personnel
and facilities among the courts of the State;
(a) The Chief Justice shall hire any personnel
necessary for operation of the Land Court.
Personnel hired for the operation of the Land Court shall be hired and
administered pursuant to Kosrae State Laws and Kosrae State Court regulations;
and
(b) An annual budget request shall be submitted
by the Principal Land Court Justice to the Chief Justice of the State Court by
January 15 of each calendar year. The
Kosrae State Court shall submit a budget for the Land Court as part of its
annual budget request pursuant to applicable sections of the Kosrae State Code.
(3) The Chief Justice of the Kosrae State Court
shall determine a location at which all hearings and proceedings of the Land
Court will occur;
(4) The Principal Land Court Justice, subject to
State law and the rules applicable to the Court, is responsible for the
day-to-day management of Land Court employees.
Except for the hiring of employees, the Principal Land Court Justice is
the designated management official for purposes of personnel decisions
regarding employees of the Land Court.
Employees of the Land Court shall be subject to the rights and
responsibilities accorded to other employees of the Kosrae State Court under
the State Public Service System; and
(5) The Land Court shall promulgate regulations for
the determination and adjudication of disputed claims and for updating,
maintaining and recording of transfers in land, encumbrances on land and for
marking of boundaries, including the marking and recordation of subdivisions of
interests in land.
Section
11.607. Qualifications of Justices.
(1) Every person appointed as a Land Court Justice
shall have the following qualifications:
(a) Be a citizen and a native Kosraean;
(b) At least 35 (thirty-five) years of age;
(c) A graduate from a four year college or
university or a person of demonstrated legal ability by having at least five
years of experience practicing law, a full-time judge of a State Court or a
Land Commissioner or judge;
(d) Be of good moral character; and
(e) Not have a felony conviction in any
jurisdiction.
(2) Justices must be a resident of the State of Kosrae
for a cumulative period of ten years prior to appointment.
Section
11.608. Conduct of Justices. The standards of conduct for justices
consist of the following:
(1) Justices shall follow and adhere to the
provisions of the Code of Judicial Conduct of the American Bar Association;
(2) Justices shall comply with any other rules or
standards promulgated by the Legislature or Chief Justice of the State Court;
and
(3) Justices shall be responsible for the diligent
determination of interests in land and the boundaries thereto.
Section
11.609. Compensation. The Principal Land Justice shall receive an
annual compensation in the amount of sixteen thousand ($16,000) dollars. The Associate Land Justices shall receive an
annual compensation in the amount of fourteen thousand ($14,000) dollars. The amount of compensation shall not be
increased or decreased during their terms of office, except by general law
applying to all State Government employees.
Section
11.610. Removal of Justices. Justices of the Land Court may be removed
under the same procedures applicable to a Justice of the Kosrae State Court.
Section
11.611. Land Court Staff. To the extent funding permits, the Land
Court shall employ persons qualified as court reporters, clerks, a registrar and
other court staff to assist the justices in adjudicating, recording its
adjudication, title determinations and claims.
Section
11.612. Designation of Registration
Areas.
(1) The Principal Land Justice shall systematically
designate registration areas for treatment within one year.
(2) The Principal Land Court Justice shall assign
himself and the Associate Land Court Justices specific registration areas. Each individual Justice shall be responsible
for determining boundaries, title and registration of the parcels within his
assigned area.
(3) Each Justice shall institute diligent inquiries
regarding each claim of interest within their area and set each well-founded
claim for hearing once all claims are recorded. Each Justice shall provide notice to each claimant as provided in
section 11.613 of this Act.
(4) Each Justice, after providing notice, shall hear the
claimants, witnesses, and other such evidence as may be offered and make a
decision, based on evidence received at the hearing.
(5) Upon
adjudicating a claim, or witnessing a settlement by all claimants to a parcel
each Justice shall:
(a) Provide written findings and decision regarding
the name of the parcel, the name or names of the persons found to have a lawful
interest in the land and the respective nature of the interest in such land.
(b) Each Justice shall cause to be filed by the
Clerk of the Court his findings and decision within a period not exceeding 120
(one hundred twenty) days after the close of oral arguments or proceedings of
the matter. Failure to render a
decision within the prescribed time limits may be good cause for removal or
other discipline of a justice within the meaning of section 11.610 of this
chapter.
(c) Each Justice shall issue and cause to be
recorded a certificate of title after the time for filing appeal has expired
and no such notice has been filed, or after the conclusion of an appeal.
(6) A Justice shall not adjudicate a matter
previously decided by a court between the same parties or those under whom the
parties claim which dispute involves the same parcel. The Land Court shall
accept prior judgments as res judicata and determine those issues without
receiving evidence.
Section
11.613. Notice of Parties. The following are requirements for proper
notice, to parties, of a hearing before the Land Court:
(1) The Land Court shall provide a notice of
hearing to all interested parties and claimants as provided herein. Such notice shall clearly state the
location, time and date of the hearing and the description of the parcel of
land and names of the parties involved;
(2) The notice of hearing, written in both Kosraean
and English, shall be posted at no less then three conspicuous places or no
less than two areas of public access as determined by the Justice for a period
of thirty days prior to the hearing;
(3) The contents of the notice of hearing shall be
announced, in both Kosraean and English, on the Kosrae radio station at least
twice per week for the two weeks immediately preceding the hearing;
(4) The notice of hearing, written in both Kosraean
and English, shall be posted at the municipal building of the municipality in
which the property is located for a period of thirty days prior to the hearing;
and
(5) Any claimant who is residing off-island and has
informed the Land Court, in writing, of an off-island mailing address shall be
notified forty-five (45) days prior to a hearing by the use of certified mail,
return receipt requested. The
forty-five (45) day period shall be calculated from the date of mailing.
Section
11.614. Appeals.
(1) An appeal from an adjudicated matter by the
Land Court shall be made within sixty (60) days of service of the written
decision of the Land Court Justice upon the party appealing the decision. Service of the written decision shall be
made upon all claimants who appeared at the hearing, pursuant to the rules
prescribing service requirements for the Kosrae State Court.
(2) An appeal shall be made by filing a notice of
appeal with the Kosrae State Court and filing a certified copy of the notice of
appeal with the Land Court within the time limits set forth in this section.
(a) Within 90 (ninety) days of receipt of the
certified copy of the notice of appeal, the Land Court shall provide to the
State Court the following items from the decision being appealed:
(i) All original records, pleadings,
documents and evidence received;
(ii) A complete written copy of the transcript
of proceedings; and
(iii) A written copy of the findings and
decision of the Land Court Justice.
(3) The notice of appeal shall state the Land Court
decision which is being appealed and the specific legal grounds upon which such
appeal is based.
(4) The notice of appeal shall comply with all
State Court rules and regulations concerning appeal procedures and substance.
(5) The State Court shall thereafter calendar and
hear the matter as hereinafter provided.
The matter shall be decided upon briefs submitted by the parties and
oral argument concerning legal issues.
If a party fails to file a timely brief, as ordered by the State Court,
such failure may be considered as consent to the relief sought by the opposing
party’s brief. The State Court has the
discretion to refuse to allow oral argument by a party who fails to file a
timely brief.
(a) No evidence or testimony shall be
considered at the appeal hearing except those matters which constitute the
official record, transcripts, and exhibits received at the Land Court hearing.
(b) The State Court shall decide the matter by
applying the “substantial evidence rule” to any decisions rendered by the Land
Court.
(c) After review of the entire record and
hearing oral arguments from counsel or parties, the State Court shall render a
decision on the appeal and issue a written decision within 120 (one hundred
twenty) days of the close of argument and hearing.
(d) If the State Court finds the Land Court
decision was not based upon substantial evidence or that the Land Court
decision was contrary to law, it shall remand the case of the Land Court with
instructions and guidance for re-hearing the matter in its entirety or such
portions of the case as may be appropriate.
(e) If the State Court affirms the decision of
the Land Court, no further appeals to the State Court shall be allowed.
Section
11.615. Issuance of certificate of
title.
(1) When issued. The Land Court shall issue a certificate of title:
(a) After the time for appeal from a
determination of ownership has expired without the filing of a notice of
appeal; or
(b) After an appeal has concluded.
(2) Owners set forth. The certificate of title must set forth the
names of all persons holding an interest in the land pursuant to the Land Court’s
determination, either as originally made or as modified by the Kosrae State
Court on appeal.
(3) Effect of certificate; restriction. The certificate of title is conclusive upon
any person who had notice of the proceedings and all those claiming under that
person. The certificate of title is
prima facie evidence of ownership against all others. Land held under a certificate of title is subject to the
following, whether or not stated in the certificate:
(a) Any right of way over the land in question;
and
(b) Any lease or use interest for a term not
exceeding one year.
(4) Appurtenant easements. A preexisting easement or other right
appurtenant to the land:
(a) Remains appurtenant even if it is not
described in the certificate; and
(b) Passes with the land until cut off or
extinguished in a lawful manner independent of the certificate.
Section
11.616. Transition. The Chief Justice of the Kosrae State Court
and the Principal Justice of the Land Court shall take any actions necessary
for the orderly transition of the State Judiciary under this Chapter.
(a) The Land Court shall succeed to all
responsibilities, registers, properties and assets of the Land Commission.
(b) Land determinations and registrations issued by the Land Commission are equivalent to the title determinations and registrations of the Land Court created by this Chapter.
Part II. Environment
Chapter 11. Marine
Life
Section 11.1101. Trochus. The Director of the Department of Agriculture, Land and
Fisheries has the power and duty to preserve and develop trochus resources for
maximum economic and ecological benefit. By regulation the Director provides
for:
(1) the time, place and method of trochus harvesting by a
permit system to assure responsible and environmentally sound harvesting; and
(2) minimum and maximum shell size or other limitations in
harvesting.
Background
Amended by State Law 7-1.
Section 11.1102. Sea Cucumbers. The Director of Agriculture, Land and
Fisheries and the Development Review Commission have the power and duty to
preserve and develop sea cucumber resources for maximum economic and ecological
benefit.
(1) No person may
commercially harvest, commercially process, or commercially export sea
cucumbers without having a valid permit issued by the Development Review
Commission.
(2) No person may
possess more than five (5) sea cucumbers, at one time, without a valid permit
issued by the Development Review Commission.
(3) In consultation
with the Director of the Department of Agriculture, Land and Fisheries, the
Development Review Commission shall adopt necessary regulations to provide for
the protection and sustainable commercial harvesting, commercial processing,
and commercial exportation of sea cucumbers in accordance with this
section. These regulations shall
provide for:
(a) the number,
time, species, place and method of sea cucumber harvesting by a permit system
to assure responsible and environmentally sound harvesting;
(b) minimum and
maximum size or other limitation in harvesting;
(c) requiring permit
holders to receive training in sea cucumber species identification;
(d) minimizing
environmental impacts caused by commercial processing of sea cucumbers;
(e) reporting
requirements for persons commercially processing or commercially exporting sea
cucumbers; and
(f) the absolute ban
of the commercial harvesting, commercial processing, and/or commercial
exportation of any species of sea cucumber that has been determined by the
Director of the Department of Agriculture, Land and Fisheries to require such
protection.
(4) The Director of
the Department of Agriculture, Land and Fisheries shall monitor sea cucumber
populations to determine whether the commercial harvesting, commercial
processing, or commercial exportation of sea cucumbers is within sustainable
levels.
(5) Prior to issuing
a permit, the Development Review Commission shall receive and consider advice
from the Director of the Department of Agriculture, Land and Fisheries.
(6) For purposes of
this section, the phrase “sustainable commercial harvesting, commercial
processing, and commercial exportation” means undertaking these activities by
methods, and at levels, that allow the sea cucumber population to replenish
itself perpetually, and does not significantly alter or degrade their functions
within the island ecosystem.
Background
Added by State Law 7-78.
Chapter 12. Rivers and Streams
Section 11.1201. Designation of rivers. The following rivers and their tributaries are public
property:
(1) Tofol
(2) Tafeyat
(3) Malem
(4) Palusrik
(5) Mutunte
(6) Pukusrik
(7) Leap
Chapter 13. Protection of Environment
Section 11.1301. Right of Entry. To enforce this chapter the Development Review Commission
may at a reasonable time enter an establishment or public or private property
for the purpose of obtaining information, making an inspection, obtaining
samples, inspecting or copying a record required to be maintained by this
chapter or regulation, or conducting a survey or investigation to enforce this
chapter.
Background
Amended by State Law 5-56.
Section 11.1302. Enforcement.
(1) A person who violates this chapter is subject to
enforcement action by the Commission which may include issuance of a cease and
desist order, imposition of a civil penalty up to ten thousand dollars for each
day of violation, or commencement of a civil action to enjoin the violation.
(2) If the Commission finds that an unlawful discharge of
waste is taking place or may take place or that the waste collection treatment
or disposal facilities of a discharger is approaching capacity the Commission
requires the discharger to submit for approval of the Commission, with such
modifications as it may deem reasonably necessary, a detailed time schedule of
specific actions the discharger will take to correct or prevent a violation of
requirements.
(3) When the Commission finds that an unlawful development
activity or discharge of waste is taking place or may take place, the Commission
issues an order to cease and desist and directs that those persons not
complying with the requirements or discharge prohibitions (a) comply forthwith,
(b) comply in accordance with a time schedule set by the Commission, or (c) in
the event of a threatened violation, take appropriate remedial or preventive
action. In the event of an existing or threatened violation of waste discharge
requirements in the operation of a community system, cease and desist orders
may restrict or prohibit the volume, type, or concentration of waste that might
be added to such system by dischargers who did not discharge into the system
prior to the issuance of the cease and desist order.
(4) The Commission holds a public hearing to determine the
authenticity of the facts upon which it issued a cease and desist order
affording adequate notice and opportunity to appear and be heard to an
interested person.
(5) A cease and desist order of the Commission becomes
effective upon issuance, and final upon the Commission's issuance of findings
after a public hearing. The Commission serves a copy by registered mail upon a
person charged with the violation and upon an affected person appearing at the
hearing and requesting a copy.
(6) A person who engages in a development activity or
discharges a pollutant into the water, air, or on the land in violation of this
Chapter or a regulation or other order issued by the Commission, or who
intentionally or negligently causes or permits such a violation, upon order of
the Commission, corrects the violation or abates its effect.
Background
Amended by State Law 5-56.
Section 11.1303. Court
proceeding. Upon failure of a person to comply with a Commission order,
following Commission request, the Attorney General petitions the Court for the
issuance of an injunction, mandamus or other appropriate remedy requiring the
person to comply with the order.
Background
Amended by State Law 5-56.
Chapter 14.
Antiquities
Section 11.1401. Impact review. Before the Government begins to undertake, assist,
participate in, or license action that might affect the land or State waters
the Department of Agriculture, Land and Fisheries considers the impact of the
action on antiquities and traditional culture, reporting its findings to the Governor, the
Legislature, and components of Government involved in the proposed action.
Background
Amended by State Law 7-1.
Section 11.1402. Regulation. By regulation the Director of the Department of
Agriculture, Land and Fisheries states the classes of structures, artifacts, or
other objects which constitute State antiquities, and provides for
authorization of the use of antiquities for scholarly research, museum display
or educational purposes.
Background
Amended by State Law 7-1.
Chapter 15. Pig
Control
Section 11.1501. Seizure;
disposition.
(1) The Police seize a foraging pig and transport it to a
facility operated by the Division of Livestock Production and Research.
(2) For the three days immediately following its seizure of
a pig the Police broadcast a notice of the date, time, and place of the seizure
in a manner reasonably calculated to reach the owner of the pig. If the Police
know, or have good cause to know, the identity of the person who owns the pig,
it gives actual or written notice to the person in addition to the notice
provided in this subsection.
(3) The Division maintains a seized pig at the facility
keeping an accurate record of pigs delivered by the Police.
(4) The Division may release a pig upon its receipt of:
(a) an affidavit of a person asserting ownership of the pig;
and
(b) ten dollars from the affiant for each twenty-four hour
period or part thereof during which it has maintained the pig.
(5) A pig maintained for four consecutive mornings becomes
Government property at dawn of the fourth morning and the Government thereafter
has the full possessory rights in the pig.
(6) A person holding a fee simple or leasehold interest in a
parcel of land and in actual possession of the parcel who observes a pig
destroying crops on land of which he is in lawful possession may seize a pig
foraging on the land without the person's consent. The person immediately has
full possessory rights to that pig upon seizure. The Police assist a person
acting pursuant to this subsection upon his request.
Background
Subsection (1) was amended by
State Law 7-1.
Section 11.1502. Action at law; double damages. In addition to any other available action or remedy a
person who suffers personal injury or property damage caused by a pig may bring
an action in a Court against the owner of the pig and, upon a showing of the
owner's negligence, or a violation of this chapter or regulations pursuant
hereto leading to the injury or damage, be entitled to an award of an amount
twice the value of the damage to property of personal injury caused by the pig.
A showing of damage or injury raises a rebuttable presumption of the owner's
negligence.
Section 11.1503. Regulation.
(1) The Administrator of the Division [of] Livestock
Production and Research issues regulations providing for the manner of
constructing pig enclosures to prevent escape of the enclosed pigs, if properly
maintained, including alternative types of enclosures utilizing both local and
imported materials and allowing for the number and size of the pigs to be
enclosed.
(2) The Administrator of the Division of Sanitation issues
regulations establishing the conditions of sanitation to be maintained in the
types of pig enclosures described in the regulations prepared pursuant to
subsection (1).
Background
Amended by State Law 7-1.
Chapter 16. Wildlife
Section 11.1601. Endangered species. By regulation the Development Review Commission states an
endangered species and provides for its protection.
Cross-reference:
For offense see Section 13.524.
Background
Amended by State Law 7-1.
Section 11.1602. Psittacine birds. A person may not bring into the State a bird of the
psittacine family, including a parrot, parakeet, or love bird, without specific
period approval in each case by the Department of Health Services. The
Department may order a bird kept in violation of this section removed from the
State or destroyed.
Part III. Land
Development
Chapter 21. Building
Code
Section 11.2101. Adoption. The Governor of Kosrae State, or his designee, formulates,
proposes and adopts rules and regulations establishing minimum standards for
the construction of buildings, or classes of buildings, and the installation of
appurtenances thereto. Such rules and regulations may include, but are not
limited to, standards or requirements for the design and construction of
buildings and other structures and their appurtenances, for the materials to be
used in connection therewith, and for their use, occupancy, location and
maintenance. These rules and regulations shall comprise and be collectively
known as the Kosrae State Building Code and, to the extent applicable, the
design and construction of buildings and other structures shall comply with
said Code. The Kosrae State Building Code shall have the force and effect of
law upon adoption.
Background
Added by State Law 5-75.
Section 11.2102. Modification. Provisions of the Kosrae State Building Code may, from
time to time, be added, amended, or repealed to effectuate the purposes of this
Chapter.
Background
Added by State Law 5-75.
Section 11.2103. Procedures. The Kosrae State Building Code and all additions,
amendments or repeal of its provisions, shall be adopted pursuant to the procedures
of Code Section 2.406.
Background
Added by State Law 5-75.
Section 11.2104. Provisions of the Code. The Kosrae State Building Code shall be designed
to achieve the following:
(1) To provide reasonably uniform standards and requirements
for construction and construction materials, consonant with accepted standards
of engineering and fire prevention practices;
(2) To permit, so far as may be practicable, the use of
modern technical methods, devices and improvements which tend to reduce the
cost of construction without substantially affecting reasonable requirements
for the health, safety and security of the occupants or users of the building
or other structure;
(3) To encourage, so far as practicable, the standardization
of construction practices, methods, equipment, material and techniques;
(4) To eliminate restrictive, obsolete, conflicting and
unnecessary building practices and requirements that tend unnecessarily to
increase construction costs or retard the completion of construction;
(5) To provide for the upgrading of existing buildings and
structures to the standards set out in the Kosrae State Building Code; PROVIDED
that such upgrading of existing buildings and structures shall not
be required prior to modification or repair of the building or other
structures; PROVIDED FURTHER that such upgrade shall not be required for the
construction of buildings and other structures for which funds have been
obligated prior to the adoption of the Kosrae State Building Code; and
(6) To provide an administrative procedure for appealing
decisions of the Building Officer with adequate notice to the aggrieved party
and with an opportunity to be heard and present evidence.
Background
Added by State Law 5-75.
Section 11.2105. Application.
(1) The Kosrae State Building Code is applicable to the
construction of all buildings and other structures, and the installation of
appurtenances thereto, that are funded by the State or supported with State
funds. This includes, without limitation, such projects directly funded or
financed by the State, and projects wherein the monies are administered or
managed by the State; PROVIDED, HOWEVER, that when the monies for construction
are made available to the State on condition that a different building standard
shall apply, and such standard is more stringent or restrictive, then such
alternate standard applies to that particular project.
(2) The Kosrae State Building Code also applies to such other
buildings or other structures to be constructed with funds from the National or
any foreign government or governmental agency unless specifically modified or
waived by the Building Officer.
(3) The application of the Kosrae State Building Code may be
limited to specified classes or types of buildings according to use or other
distinctions, and may differentiate among different areas of the State
depending on special conditions therein.
Background
Added by State Law 5-75.
Section 11.2106. Administration of the Building Code. The Governor shall designate a person within the Executive
Branch as the Building Officer to administer and enforce the Kosrae State
Building Code. Subject to the procedures and limitations set out in the Kosrae
State Building Code, the Building Officer is expressly authorized and
empowered:
(1) To examine and approve or disapprove plans and
specifications for the construction of buildings and other structures to which that
act applies.
(2) To require that the construction of any such building or
structure be in accordance with the applicable provisions of the Kosrae State
Building Code, subject, however, to the powers of variance or modification that
may be granted in the Kosrae State Building Code.
(3) To issue certificates of occupancy, permits, licenses
and such other documents as may be required by the Kosrae State Building Code
in connection with the construction.
(4) To prohibit the commencement of construction until a
permit therefor has been issued showing compliance with the requirements of the
applicable provisions of the Kosrae State Building Code.
(5) To ensure compliance with this Chapter and all rules and
regulations adopted hereunder, and in connection with any hearings or
investigations, the Building Officer shall have the authority to
subpoena witnesses, records, books, documents and any relevant information not
otherwise protected by law.
(6) To order in writing, the remedying of any condition
found to exist in or about any building in violation of the Kosrae State
Building Code. Such orders shall be served in the same manner as the
service of summons as prescribed by the rules of the Kosrae State Court.
(7) To exercise such ancillary powers as set out in the
Kosrae State Building Code and as necessary to fulfill the purposes of this
act.
Cross-reference:
See Section 13.535 [13.536] for
penalties for Building Code Violations.
Background
Added by State Law 5-75.