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Governor signs Admin bill limiting duration of land and title disputes

Mauga Tasi Asuega
reporters@samoanews.com

Pago Pago, AMERICAN SAMOA — Gov. Lemanu P.S Mauga has signed into law an Administration bill — approved by the Fono during the First Regular Session of the 38th Legislature — that limits the amount of time that land and title disputes may languish before the Office of Samoa Affairs.

The governor informed Fono leaders in a June 27 letter that he has approved the legislation, which he says goes into “effective immediately.” He thanked lawmakers for their time and efforts “invested in considering this important law.”

The law adds a new provision to the current statute: “if after expiration of six months from the date the land or title matter was referred to the Secretary of Samoan Affairs and there is no compliance” with the current provision, titled — ‘Certificate of irreconcilable dispute’ — the “Secretary of Samoan Affairs or his deputy shall confirm in writing to the Chief Justice or a presiding Justice of the High Court, that the parties have failed to comply and/ or to complete the requirement of subsection (a) (1), therefore, the case shall be and is hereby forwarded to the land and Titles Division of the High Court for adjudication of the said land and title claim(s)” in accordance with local law.

Samoa News notes that subsection (a) (1) provision, states: That on at least 2 occasions, the party have [sic] appeared personally before him — the Secretary of Samoan Affairs — and 2 persons designated by him, without an attorney or counsel, and that an attempt was made to resolve the controversy.

In submitting the Administration bill to the Fono, the governor told Fono leaders that delayed resolution of a land and title disputes “disrupts the peaceful and orderly administration of family and village affairs.

“This bill would allow for a case to proceed to the High Court [of American Samoa] if unresolved six months after referral to the Secretary of Samoan Affairs,” the governor wrote.

During a Senate committee hearing earlier this year on the legislation, ASG witnesses testified that the prolonged land and matai title disputes — at times lingering for years — even 20 years — prompted the Lemanu Administration to submit this bill to amend current law.

And senators who spoke during the nearly one-hour hearing commended the proposed law, and acknowledged the fact that there are matai titles and land dispute cases that have dragged on for years.

Another provision of the new law, according to language of the legislation, states that the Secretary of Samoan Affairs may adopt rules in accordance with current law. “Fees collected pursuant to rules promulgated by the Secretary of Samoan Affairs shall be earmarked for use by the Office of Samoan Affairs,” it says.