Senators to hear DEIS concerns
Monday, 25 January 2010 01:30
Variety News Staff
(Legislature) — The weeklong public hearing to discuss the community’s concerns with the draft environmental impact statement start tonight at the legislature.
The public hearing will continue until Friday.
Last week, a majority of lawmakers expressed support for Resolution 258 that expresses opposition to the use of condemnation of private land in association with the military buildup.
"All this insensitivity incenses me," vice speaker BJ Cruz told his colleagues. "They've got to take eminent domain off the table. I'm saying enough - you have sufficient land within your bases."
Sen. Eddie Calvo said, “"Not only am I against eminent domain, I'm against any further taking of any properties from the federal government - not one square inch.
Showing posts with label Resolution 258. Show all posts
Showing posts with label Resolution 258. Show all posts
Tuesday, January 26, 2010
Land use resolution sees much support
Land use resolution sees much support
Posted: Jan 22, 2010 3:37 PM
by Sabrina Salas Matanane
Guam - Resolution 258 received overwhelming support on session floor. The measure introduced by chairperson of the Legislative Committee on the Guam Military Buildup, Senator Judi Guthertz, would express to the feds the legislature opposition to the use of condemnation as a means to acquire property for the buildup of troops locally.
"Private landowners should have the right to do what they want with their land say yes if they wish to lease it and say no if they don't wish to lease it or sell it and the Government of Guam must have the same freedom when it comes to public land whether its ancestral lands, CLTC or crown land, and so colleagues I offer...the local government already controls 25% of our properties, the Department of Defense already controls 27% of our properties here on this island as far as I'm concerned not only am I against eminent domain or condemnation, I'm against any further taking of any additional properties by the federal government, not one square inch," said Guthertz.
Senator Eddie Calvo added that the 40,000 acres the DoD currently owns is more than ample for whatever purposes are required for the military buildup.
Posted: Jan 22, 2010 3:37 PM
by Sabrina Salas Matanane
Guam - Resolution 258 received overwhelming support on session floor. The measure introduced by chairperson of the Legislative Committee on the Guam Military Buildup, Senator Judi Guthertz, would express to the feds the legislature opposition to the use of condemnation as a means to acquire property for the buildup of troops locally.
"Private landowners should have the right to do what they want with their land say yes if they wish to lease it and say no if they don't wish to lease it or sell it and the Government of Guam must have the same freedom when it comes to public land whether its ancestral lands, CLTC or crown land, and so colleagues I offer...the local government already controls 25% of our properties, the Department of Defense already controls 27% of our properties here on this island as far as I'm concerned not only am I against eminent domain or condemnation, I'm against any further taking of any additional properties by the federal government, not one square inch," said Guthertz.
Senator Eddie Calvo added that the 40,000 acres the DoD currently owns is more than ample for whatever purposes are required for the military buildup.
Thursday, January 07, 2010
Mayors back land resolution
Mayors back land resolution
Friday, 08 January 2010 00:16
by Zita Y. Taitano | Variety News Staff
THE Mayors Council covered a lot of ground yesterday morning during their first official meeting for 2010. [Village mayors buckle down to work on Thursday during the Mayors Council’s first official meeting for 2010. Zita Taitano]
Upon Yigo mayor Robert Lizama’s motion, the mayors unanimously voted to support Sen. Judy Guthertz’s Resolution 258, which would prohibit the federal government from imposing eminent domain to acquire private property along Route 15 in Pagat for the use by Marines as a firing range.
A public hearing was held on the resolution and drew more than 100 residents, 44 of whom spoke in support of the legislation. There was only one opposition to the resolution.
Presenting the reasons for the resolution was Guthertz chief of staff, Dr. Richard Wyttenbach-Santos, who indicated that there are other areas the Marines could utilize such as Naval Magazine, but had learned that the area was too far to travel. Other sites also usable include near Ritidian Point and also on Andersen Air Force Base.
Lizama also suggested that a petition be drafted for each village in support of Resolution 258-30. “I think we’d be making a statement in getting our people involved and getting our ‘familia’ network and friends,” he said.
Several other items were also discussed including the continuing problem with the streetlights and the appointment of the Mayor’s Council to head this year’s 66th Liberation Day festivities.
Mayors Council executive director Angel Sablan brought up of the matter of the Department of Public Works’ plan to outsource the streetlights maintenance, which he said is of great concern. Sablan has asked for a detailed listing from Guam Power Authority on all streetlights on Guam.
With regard to the Liberation Day activities, Dededo Mayor Melissa Savares, newly elected president of the Mayors Council, said the council will start getting ready early this year for liberation and that includes recruiting for candidates for the 2010 Miss Liberation Pageant.
“We want to start planning for the vendors. We want to have a big Chamorro concert for the Liberation Day Committee to draw the people out,” she said.
The council’s new officers will be sworn in at 5 p.m. on Jan. 19 at the Asan/Maina Community Center.
Friday, 08 January 2010 00:16
by Zita Y. Taitano | Variety News Staff
THE Mayors Council covered a lot of ground yesterday morning during their first official meeting for 2010. [Village mayors buckle down to work on Thursday during the Mayors Council’s first official meeting for 2010. Zita Taitano]
Upon Yigo mayor Robert Lizama’s motion, the mayors unanimously voted to support Sen. Judy Guthertz’s Resolution 258, which would prohibit the federal government from imposing eminent domain to acquire private property along Route 15 in Pagat for the use by Marines as a firing range.
A public hearing was held on the resolution and drew more than 100 residents, 44 of whom spoke in support of the legislation. There was only one opposition to the resolution.
Presenting the reasons for the resolution was Guthertz chief of staff, Dr. Richard Wyttenbach-Santos, who indicated that there are other areas the Marines could utilize such as Naval Magazine, but had learned that the area was too far to travel. Other sites also usable include near Ritidian Point and also on Andersen Air Force Base.
Lizama also suggested that a petition be drafted for each village in support of Resolution 258-30. “I think we’d be making a statement in getting our people involved and getting our ‘familia’ network and friends,” he said.
Several other items were also discussed including the continuing problem with the streetlights and the appointment of the Mayor’s Council to head this year’s 66th Liberation Day festivities.
Mayors Council executive director Angel Sablan brought up of the matter of the Department of Public Works’ plan to outsource the streetlights maintenance, which he said is of great concern. Sablan has asked for a detailed listing from Guam Power Authority on all streetlights on Guam.
With regard to the Liberation Day activities, Dededo Mayor Melissa Savares, newly elected president of the Mayors Council, said the council will start getting ready early this year for liberation and that includes recruiting for candidates for the 2010 Miss Liberation Pageant.
“We want to start planning for the vendors. We want to have a big Chamorro concert for the Liberation Day Committee to draw the people out,” she said.
The council’s new officers will be sworn in at 5 p.m. on Jan. 19 at the Asan/Maina Community Center.
Wednesday, January 06, 2010
Lease, sell or fight: Landowners weigh buildup options
Lease, sell or fight: Landowners weigh buildup options
By Amritha Alladi • Pacific Daily News • January 7, 2010
Some Guam residents have urged the federal government not to condemn their land for military buildup projects or any other federal use.
But those landowners would probably benefit by considering leasing or selling their land to the government for buildup or other federal projects, especially since history has shown when the federal government wants to implement something, it does it, said Benny Crawford, chairman of the Tiyan Taskforce.
Otherwise, landowners may lose their chance to negotiate a price that could incorporate the value of the land as it appreciates in future years, he said.
"I think the whole idea of requesting not to condemn land is a good idea. However, knowing that if they're going to take the land they're going to do it anyway, the better possibility would be to sit down and negotiate with them," Crawford said. "It may be worth $1 an acre right now, but in the next three years that dollar's going to jump up, so in the negotiation process, you can look at what the fair market value is and go for a projection ... down the road and see what the projection would be," he said.
Some of the island's landowners voiced opposition to land condemnation for the buildup during a Dec. 29 public hearing on Resolution 258. The public hearing on the resolution, which asks the federal government to avoid condemnation of land for buildup or other federal projects, was an opportunity for Guam residents to voice their land acquisition concerns to the military.
Guam residents will have more opportunities to voice their opinion on the military buildup during a series of public meetings on the buildup's draft Environmental Impact Statement.
The first public meeting is scheduled for today at Southern High School. From 5 p.m. to 7 p.m., residents can view informative displays and ask experts questions. From 7 p.m. to 9 p.m., attendees can take turns making comments, according to the Joint Guam Program Office.
Land acquisition is among the thorny buildup issues for the host community.
"I think it's very clear that, if the buildup is going to be predicated on condemning land, then there's going to be problems," said Sen. Judith Guthertz, author of the resolution and chairwoman of the Legislature's buildup committee.
But some landowners including Catherine McCollum and Gloria Nelson said they didn't want to give up their lands because it held too much sentimental value, and the properties had been in their families for generations.
"Our lands are our homes," Nelson said in her testimony. "They are the places that build our identity as Guamanians and Chamorros."
"I don't believe outsiders can come in here and tell us what to do and how to do it," McCollum added. "They gotta do it the right way and not take it from where we stand."
Plus, the military already owns one-third of Guam's land mass, residents argued, and that should be enough to carry out the Defense Department's objectives.
The only person to speak against the resolution during the hearing on the resolution was local businessman James Adkins, who said he had his land in Georgia taken once when the federal government wanted to build a highway. Adkins said his family wasn't given the price they had originally wanted, but after taking it to the courts and going through the regular proceedings, they got the amount they had requested.
"There's ways to work (it) out even though there's a condemnation. You can get money -- much more than what some guy who walk in says, 'This is what we want to offer you,'" Adkins testified at the hearing.
Just compensation
Siska Hutapea, managing partner and chief appraiser at Captain, Hutapea & Associates explained how the government provides "just compensation," for the lands that it acquires.
Just compensation, as defined by The Dictionary of Real Estate, refers to the amount of loss for which a property owner is compensated when his or her property is taken, she said.
If the land is partially acquired by the government, appraisers first determine the value of the larger parcel and then determine the value of the damages to your property as a result of the taking, as well as the advantages to your property, Hutapea said. For example, the government's partial acquisition of a person's land may give the land a weird shape, but may give more road access, she said.
"Just compensation includes the value of the land they're taking plus damages minus the benefit," Hutapea said. "It should put the owner in as good a position as he or she would be if the property had not been taken. So it's generally held to be market value, but courts have refused to rule that it's always equivalent to the market value," she added.
However, according to Ron McNinch, associate professor of public administration at the University of Guam, Guam's unique history shows landowners feel they weren't fairly compensated when their lands were condemned after World War II. It's that resentment that landowners brought with them to last week's hearing.
"Through the repeated condemnation of our homes, our identity and sense of self is also condemned," Nelson said. "In the Chamorro spirit of inafa maolek, if I have something you need and I can give it, I will offer. But I have nothing left to give."
Fair price
For those skeptical of whether they'll get a fair price if the lands are condemned this time around, Joint Guam Program Office Executive Director David Bice, a retired Marine major general whose office oversees the buildup, assured on Dec. 24 that if the Defense Department decides it is necessary to acquire land, strict procedures will be followed to pay landowners the fair market value.
"Further, any proposed major DOD land acquisitions effort, such as those associated with the preferred main cantonment and live-fire range alternatives, must be approved by the Congressional defense committees, including the House Armed Services Committee where Congresswoman Bordallo is a member," Bice wrote to Guthertz on Dec. 24.
By Amritha Alladi • Pacific Daily News • January 7, 2010
Some Guam residents have urged the federal government not to condemn their land for military buildup projects or any other federal use.
But those landowners would probably benefit by considering leasing or selling their land to the government for buildup or other federal projects, especially since history has shown when the federal government wants to implement something, it does it, said Benny Crawford, chairman of the Tiyan Taskforce.
Otherwise, landowners may lose their chance to negotiate a price that could incorporate the value of the land as it appreciates in future years, he said.
"I think the whole idea of requesting not to condemn land is a good idea. However, knowing that if they're going to take the land they're going to do it anyway, the better possibility would be to sit down and negotiate with them," Crawford said. "It may be worth $1 an acre right now, but in the next three years that dollar's going to jump up, so in the negotiation process, you can look at what the fair market value is and go for a projection ... down the road and see what the projection would be," he said.
Some of the island's landowners voiced opposition to land condemnation for the buildup during a Dec. 29 public hearing on Resolution 258. The public hearing on the resolution, which asks the federal government to avoid condemnation of land for buildup or other federal projects, was an opportunity for Guam residents to voice their land acquisition concerns to the military.
Guam residents will have more opportunities to voice their opinion on the military buildup during a series of public meetings on the buildup's draft Environmental Impact Statement.
The first public meeting is scheduled for today at Southern High School. From 5 p.m. to 7 p.m., residents can view informative displays and ask experts questions. From 7 p.m. to 9 p.m., attendees can take turns making comments, according to the Joint Guam Program Office.
Land acquisition is among the thorny buildup issues for the host community.
"I think it's very clear that, if the buildup is going to be predicated on condemning land, then there's going to be problems," said Sen. Judith Guthertz, author of the resolution and chairwoman of the Legislature's buildup committee.
But some landowners including Catherine McCollum and Gloria Nelson said they didn't want to give up their lands because it held too much sentimental value, and the properties had been in their families for generations.
"Our lands are our homes," Nelson said in her testimony. "They are the places that build our identity as Guamanians and Chamorros."
"I don't believe outsiders can come in here and tell us what to do and how to do it," McCollum added. "They gotta do it the right way and not take it from where we stand."
Plus, the military already owns one-third of Guam's land mass, residents argued, and that should be enough to carry out the Defense Department's objectives.
The only person to speak against the resolution during the hearing on the resolution was local businessman James Adkins, who said he had his land in Georgia taken once when the federal government wanted to build a highway. Adkins said his family wasn't given the price they had originally wanted, but after taking it to the courts and going through the regular proceedings, they got the amount they had requested.
"There's ways to work (it) out even though there's a condemnation. You can get money -- much more than what some guy who walk in says, 'This is what we want to offer you,'" Adkins testified at the hearing.
Just compensation
Siska Hutapea, managing partner and chief appraiser at Captain, Hutapea & Associates explained how the government provides "just compensation," for the lands that it acquires.
Just compensation, as defined by The Dictionary of Real Estate, refers to the amount of loss for which a property owner is compensated when his or her property is taken, she said.
If the land is partially acquired by the government, appraisers first determine the value of the larger parcel and then determine the value of the damages to your property as a result of the taking, as well as the advantages to your property, Hutapea said. For example, the government's partial acquisition of a person's land may give the land a weird shape, but may give more road access, she said.
"Just compensation includes the value of the land they're taking plus damages minus the benefit," Hutapea said. "It should put the owner in as good a position as he or she would be if the property had not been taken. So it's generally held to be market value, but courts have refused to rule that it's always equivalent to the market value," she added.
However, according to Ron McNinch, associate professor of public administration at the University of Guam, Guam's unique history shows landowners feel they weren't fairly compensated when their lands were condemned after World War II. It's that resentment that landowners brought with them to last week's hearing.
"Through the repeated condemnation of our homes, our identity and sense of self is also condemned," Nelson said. "In the Chamorro spirit of inafa maolek, if I have something you need and I can give it, I will offer. But I have nothing left to give."
Fair price
For those skeptical of whether they'll get a fair price if the lands are condemned this time around, Joint Guam Program Office Executive Director David Bice, a retired Marine major general whose office oversees the buildup, assured on Dec. 24 that if the Defense Department decides it is necessary to acquire land, strict procedures will be followed to pay landowners the fair market value.
"Further, any proposed major DOD land acquisitions effort, such as those associated with the preferred main cantonment and live-fire range alternatives, must be approved by the Congressional defense committees, including the House Armed Services Committee where Congresswoman Bordallo is a member," Bice wrote to Guthertz on Dec. 24.
Tuesday, December 29, 2009
‘Don’t’ take our lands’
‘Don’t’ take our lands’
Wednesday, 30 December 2009 04:19
by Therese Hart | Variety News Staff
Public hearing raises anti-military sentiments
LAND is one subject that has always stirred the hearts and minds of the Chamorro people and yesterday’s public hearing at the legislature once again charged emotions as landowners opposed the military’s plan to take their properties.
The public hearing also raised anti-military sentiments among Chamorro activists, who also took the opportunity to discuss the decolonization issue.
Lands that their ancestors fought for are passed down from one generation to the next until they were indiscriminately taken away “for purposes other than sustaining and nourishing the family clan,” said Gloria B. Nelson.
Nelson was one of over 40 people who submitted testimony during yesterday's public hearing on Resolution 258, which drew angry property owners who are wary of federal government possibly condemning lands under its eminent domain power.
Nelson and her children provided testimony in support of the resolution, which strongly opposes any land condemnation by the federal government for use in the military buildup.
No decision yet
David Bice, executive director of the Joint Guam Program Office, was invited to the hearing but did not make it. He sent a letter to Sen. Judi Guthertz, chairman of the military buildup committee.
In the Dec. 24 letter, Bice stated that the Department of Defense personnel were prohibited from providing testimony on the resolution since it could be interpreted as “predecisional actions,” which would indicate that alternatives “contemplating the acquisition of non-DoD lands will be selected.”
Bice said DOD has not made any decisions regarding which alternative will be selected or whether acquisition of land would be necessary. He added that strict procedure would be followed if DOD decides it is necessary to acquire land.
This means that the Department would seek an agreement with landowners and pay fair market value for any lands acquired.
Not for sale
However, it was clear during yesterday's hearing that property owners, especially those who own property in the Sasayan Valley, are not interested in selling their lands to the military.
They stressed their intention to keep their lands for future generations.
Juan M. Unpingco, 85, who owns properties in Marbo Cave, supported the resolution, saying how he had worked extremely hard to save enough money and sacrifice all his savings to buy property so that he could use it for his livelihood which has paid off, since it has helped him to pay his medical bills.
“I plan to deed it to my children upon my death. I anticipate that my children would do otherwise and deed the property onto the next generation,” said Unpingco.
Lourdes Sgambelluri Pisarri, whose grandfather bought the whole Sasayan Valley and used it to sustain his family, said she spoke to Capt. Neil Ruggiero from JGPO in June and told him that she would not allow anyone to enter her property for any purpose.
Pisarri said Ruggiero stated that much of the military land was saving the lives of various animals, as in a conservation area for birds. She said it unnerved her that the federal government would first consider displacing people who have lived on their lands for years, who use the land to farm for food.
Susceptible
Superior Court Judge Steven Unpingco, a resident of the Sasayan area, also supported the resolution. “Guam will need every square meter of land to keep our community safe. The upshot of condemning GovGuam land is that Guam's responsibility to provide for the future and Guam's ability to secure financing will be stifled and the impact will be devastating to the quality of life for all,” said Unpingco.
If government land is taken and the local leaders are amenable to these takings, Unpingco said, this would mean more public lands are susceptible to further takings because of the unpredictability and contingencies of war and national security interests.
Unpingco said if the Marines’ relocation were to happen, then GovGuam will have no choice but to take away private land from residents and the intergovernmental domino effect “will change Guam's demographics and way of life forever.”
“As described by a high ranking military official in a cable news documentary interview, “after the buildup, Guam will be a floating battleship,” he added.
Unpingco said the U.S. military has a moral duty to consider the history of the federal landtakings and reflect on the “dark chapter of land being taken away by coercion and oppression.”
Guthertz said the hearing brought up many concerns that cannot be ignored. Guthertz said the resolution will send a clear message to Washington that land condemnation by the federal government will not be tolerated.
Wednesday, 30 December 2009 04:19
by Therese Hart | Variety News Staff
Public hearing raises anti-military sentiments
LAND is one subject that has always stirred the hearts and minds of the Chamorro people and yesterday’s public hearing at the legislature once again charged emotions as landowners opposed the military’s plan to take their properties.
The public hearing also raised anti-military sentiments among Chamorro activists, who also took the opportunity to discuss the decolonization issue.
Lands that their ancestors fought for are passed down from one generation to the next until they were indiscriminately taken away “for purposes other than sustaining and nourishing the family clan,” said Gloria B. Nelson.
Nelson was one of over 40 people who submitted testimony during yesterday's public hearing on Resolution 258, which drew angry property owners who are wary of federal government possibly condemning lands under its eminent domain power.
Nelson and her children provided testimony in support of the resolution, which strongly opposes any land condemnation by the federal government for use in the military buildup.
No decision yet
David Bice, executive director of the Joint Guam Program Office, was invited to the hearing but did not make it. He sent a letter to Sen. Judi Guthertz, chairman of the military buildup committee.
In the Dec. 24 letter, Bice stated that the Department of Defense personnel were prohibited from providing testimony on the resolution since it could be interpreted as “predecisional actions,” which would indicate that alternatives “contemplating the acquisition of non-DoD lands will be selected.”
Bice said DOD has not made any decisions regarding which alternative will be selected or whether acquisition of land would be necessary. He added that strict procedure would be followed if DOD decides it is necessary to acquire land.
This means that the Department would seek an agreement with landowners and pay fair market value for any lands acquired.
Not for sale
However, it was clear during yesterday's hearing that property owners, especially those who own property in the Sasayan Valley, are not interested in selling their lands to the military.
They stressed their intention to keep their lands for future generations.
Juan M. Unpingco, 85, who owns properties in Marbo Cave, supported the resolution, saying how he had worked extremely hard to save enough money and sacrifice all his savings to buy property so that he could use it for his livelihood which has paid off, since it has helped him to pay his medical bills.
“I plan to deed it to my children upon my death. I anticipate that my children would do otherwise and deed the property onto the next generation,” said Unpingco.
Lourdes Sgambelluri Pisarri, whose grandfather bought the whole Sasayan Valley and used it to sustain his family, said she spoke to Capt. Neil Ruggiero from JGPO in June and told him that she would not allow anyone to enter her property for any purpose.
Pisarri said Ruggiero stated that much of the military land was saving the lives of various animals, as in a conservation area for birds. She said it unnerved her that the federal government would first consider displacing people who have lived on their lands for years, who use the land to farm for food.
Susceptible
Superior Court Judge Steven Unpingco, a resident of the Sasayan area, also supported the resolution. “Guam will need every square meter of land to keep our community safe. The upshot of condemning GovGuam land is that Guam's responsibility to provide for the future and Guam's ability to secure financing will be stifled and the impact will be devastating to the quality of life for all,” said Unpingco.
If government land is taken and the local leaders are amenable to these takings, Unpingco said, this would mean more public lands are susceptible to further takings because of the unpredictability and contingencies of war and national security interests.
Unpingco said if the Marines’ relocation were to happen, then GovGuam will have no choice but to take away private land from residents and the intergovernmental domino effect “will change Guam's demographics and way of life forever.”
“As described by a high ranking military official in a cable news documentary interview, “after the buildup, Guam will be a floating battleship,” he added.
Unpingco said the U.S. military has a moral duty to consider the history of the federal landtakings and reflect on the “dark chapter of land being taken away by coercion and oppression.”
Guthertz said the hearing brought up many concerns that cannot be ignored. Guthertz said the resolution will send a clear message to Washington that land condemnation by the federal government will not be tolerated.
Residents Testify Against Federal Land Condemnation
Residents Testify Against Federal Land Condemnation
Guam - Dozens of island residents from all walks of life showed up to testify in favor of Resolution 258 a resolution
Introduced by Senator Judi Guthertz to strongly oppose the condemnation of lands for use by the military.
Panel after panel of people spoke out today in favor of Resolution 258 and in opposition to the military's proposed taking of both government and private properties. Chamorro rights activist Danny "Pagat" Jackson said he felt the Chamorro people were "an endangered species in their own land."
In it's Draft EIS the military has proposed the possibility of taking over 2000 acres of additional property from the people of Guam for use as a firing range. One of the proposals calls for taking lands along the eastern shore of Guam in the Pagat area including the Marbo caves and Sasayan valley area. Today the Guam legislature heard from dozens of people both old and young alike.
Laura Nelson asked senators to consider her generation and give them the same opportunities and lifestyle their generation had been afforded as she said she knew that the military buildup would change the lives of all who live on Guam.
Some testified because they either owned or lived on property that the military is proposing to take. Others like businessman Henry Simpson testified because the proposed firing range would close down his Guam Raceway Park. The park is a popular attraction for auto, drag race, and offroad enthusiasts. Others testified because they have simply been opposed to the military buildup from the very beginning. Former Nacion Chamoru Magalahi Ben Garrido says he and the Chamoru Nation have been testifying against the buildup for years often in the face of ridicule and laughter. He said "Look where we're at now."
Even Superior court Judge Steven Unpingco testified in favor of the resolution citing among many reasons the environmental impacts the proposed firing range would have on the Sasayan valley. It's a valley Judge Unpingco says offers both recreational activities like hiking to the marbo caves and traditional fishing areas.
Unpigco questioned the reasoning behind the military's need for additional property considering the fact that they already own 40 thousand acres or 27 percent of Guam's land. Judge Unpingco even suggested that the military could use other areas like Pati point.
Unpingco also brought up Guam's borrowing capacity something that is limited by the total value of Govguam property. Guam will need this borrowing capacity in order to beef up it's infrastructure for the military buildup.
Written by :
Clynt Ridgell
Guam - Dozens of island residents from all walks of life showed up to testify in favor of Resolution 258 a resolution
Introduced by Senator Judi Guthertz to strongly oppose the condemnation of lands for use by the military.
Panel after panel of people spoke out today in favor of Resolution 258 and in opposition to the military's proposed taking of both government and private properties. Chamorro rights activist Danny "Pagat" Jackson said he felt the Chamorro people were "an endangered species in their own land."
In it's Draft EIS the military has proposed the possibility of taking over 2000 acres of additional property from the people of Guam for use as a firing range. One of the proposals calls for taking lands along the eastern shore of Guam in the Pagat area including the Marbo caves and Sasayan valley area. Today the Guam legislature heard from dozens of people both old and young alike.
Laura Nelson asked senators to consider her generation and give them the same opportunities and lifestyle their generation had been afforded as she said she knew that the military buildup would change the lives of all who live on Guam.
Some testified because they either owned or lived on property that the military is proposing to take. Others like businessman Henry Simpson testified because the proposed firing range would close down his Guam Raceway Park. The park is a popular attraction for auto, drag race, and offroad enthusiasts. Others testified because they have simply been opposed to the military buildup from the very beginning. Former Nacion Chamoru Magalahi Ben Garrido says he and the Chamoru Nation have been testifying against the buildup for years often in the face of ridicule and laughter. He said "Look where we're at now."
Even Superior court Judge Steven Unpingco testified in favor of the resolution citing among many reasons the environmental impacts the proposed firing range would have on the Sasayan valley. It's a valley Judge Unpingco says offers both recreational activities like hiking to the marbo caves and traditional fishing areas.
Unpigco questioned the reasoning behind the military's need for additional property considering the fact that they already own 40 thousand acres or 27 percent of Guam's land. Judge Unpingco even suggested that the military could use other areas like Pati point.
Unpingco also brought up Guam's borrowing capacity something that is limited by the total value of Govguam property. Guam will need this borrowing capacity in order to beef up it's infrastructure for the military buildup.
Written by :
Clynt Ridgell
Huge crowd at Resolution 258's public hearing
Huge crowd at Resolution 258's public hearing
Posted: Dec 28, 2009 10:55 PM PST
by Nick Delgado
Guam - It was a packed house at the Guam Legislature's Public Hearing Room this morning as dozens of people came out to testify in support of Resolution 258 that opposes the use of condemnation for the purpose of obtaining Guam lands for the military buildup.
While the Department of Defense currently possesses nearly 30% of land on the island, it was apparent by the emotional testimony provided today that there are many island residents who aren't just concerned about the impacts the Marines' relocation will have on our community, but to their livelihoods and land.
Emotions ran high during today's public hearing as residents expressed their frustration with the possibility of land condemnation, as well as their support for the resolution that would prevent the feds from taking their land. "I the landowners say I'm sorry, my land is not for sale, you need to respect that. If the government says the land is not available because it's committed for something else, they need to respect that. But they have to work together to find alternatives, too," said Senator Judi Guthertz.
She is the author of Resolution 258 and chaired today's hearing. The senator pointed out the areas the military plans to use for its main base as stated in the Draft Environmental Impact Statement. Those areas which are currently non-DoD property include 680 acres of the former FAA housing area, 326 more acres in what's called the Harmon Annex, and the biggest piece of 921 acres of land along Route 15. All which are under private or GovGuam owners today.
"These plans are in the best interest of Americans in the states. When will our best interests be considered? You must consider our best interests now!" proclaimed GovGuam retiree Gloria Nelson.
She argued island leaders are not doing enough, and that due to its lack of unity it seems like leaders are willing to give away the future of our children to the highest bidder. "We cannot stand by idly as our cultural resources, our homes and the futures of our children are trampled upon, given away or sold to those who do not truly value it. We have the right to control our lands and our destinies for the sake of our children," she added.
Superior Court Judge Steven Unpingco objecting to the possibility of land condemnation spoke on his personal capacity as a landowner of the Sasayan Valley. Unpingco saying there is no need for the military to acquire non-Department of Defense land as he believes the military has sufficient land to accommodate the buildup. "DoD owns approximately 40,000 acres comprised of 27% of Guam's total land mass...there are serious public concerns on the proposed activity to conduct live fire training facility in the Sasayan Valley."
Vice-Speaker BJ Cruz, meanwhile, wants more in the community to voice their concerns with the buildup, especially any and all concerns they have with his measure which would have left the option of the Marines relocation up to the people of Guam. "All of you need to get up and tell them no! I am diametrically opposed to the buildup. It's not an issue of whether or not I want to deny any of you but Bill 66 is only as it relates to the CLTC and the ancestral lands that's the only thing we have control of."
General Manager of the Guam Racing Federation Henry Simpson who also testified is still waiting to find out when, and if military will condemn the land at the entire Guam International Raceway Park for a single shooting range. The park is CLTC property, and Simpson recalls the military telling him that the land would just be convenient.
He said, "I don't think they've done a very good job at looking at all their options. I think it should be a lot ore inconvenient they could live with the property they've got they could fulfill their mission with the property they've got and they could it and do it safely it may cost them more money it may not be as convenient for them but they could do it."
But there was one person, local businessman James Adkins, who showed more support for the military buildup. "I don't think anyone has come up with an alternative to the military coming here. If you have, I would love to hear it, because we have looked everywhere to find other businesses and industries to come here," he said.
But right after, residents expressed their disagreement with Adkins, as well as challenged the senators to act on the plans the military has moving forward.
Posted: Dec 28, 2009 10:55 PM PST
by Nick Delgado
Guam - It was a packed house at the Guam Legislature's Public Hearing Room this morning as dozens of people came out to testify in support of Resolution 258 that opposes the use of condemnation for the purpose of obtaining Guam lands for the military buildup.
While the Department of Defense currently possesses nearly 30% of land on the island, it was apparent by the emotional testimony provided today that there are many island residents who aren't just concerned about the impacts the Marines' relocation will have on our community, but to their livelihoods and land.
Emotions ran high during today's public hearing as residents expressed their frustration with the possibility of land condemnation, as well as their support for the resolution that would prevent the feds from taking their land. "I the landowners say I'm sorry, my land is not for sale, you need to respect that. If the government says the land is not available because it's committed for something else, they need to respect that. But they have to work together to find alternatives, too," said Senator Judi Guthertz.
She is the author of Resolution 258 and chaired today's hearing. The senator pointed out the areas the military plans to use for its main base as stated in the Draft Environmental Impact Statement. Those areas which are currently non-DoD property include 680 acres of the former FAA housing area, 326 more acres in what's called the Harmon Annex, and the biggest piece of 921 acres of land along Route 15. All which are under private or GovGuam owners today.
"These plans are in the best interest of Americans in the states. When will our best interests be considered? You must consider our best interests now!" proclaimed GovGuam retiree Gloria Nelson.
She argued island leaders are not doing enough, and that due to its lack of unity it seems like leaders are willing to give away the future of our children to the highest bidder. "We cannot stand by idly as our cultural resources, our homes and the futures of our children are trampled upon, given away or sold to those who do not truly value it. We have the right to control our lands and our destinies for the sake of our children," she added.
Superior Court Judge Steven Unpingco objecting to the possibility of land condemnation spoke on his personal capacity as a landowner of the Sasayan Valley. Unpingco saying there is no need for the military to acquire non-Department of Defense land as he believes the military has sufficient land to accommodate the buildup. "DoD owns approximately 40,000 acres comprised of 27% of Guam's total land mass...there are serious public concerns on the proposed activity to conduct live fire training facility in the Sasayan Valley."
Vice-Speaker BJ Cruz, meanwhile, wants more in the community to voice their concerns with the buildup, especially any and all concerns they have with his measure which would have left the option of the Marines relocation up to the people of Guam. "All of you need to get up and tell them no! I am diametrically opposed to the buildup. It's not an issue of whether or not I want to deny any of you but Bill 66 is only as it relates to the CLTC and the ancestral lands that's the only thing we have control of."
General Manager of the Guam Racing Federation Henry Simpson who also testified is still waiting to find out when, and if military will condemn the land at the entire Guam International Raceway Park for a single shooting range. The park is CLTC property, and Simpson recalls the military telling him that the land would just be convenient.
He said, "I don't think they've done a very good job at looking at all their options. I think it should be a lot ore inconvenient they could live with the property they've got they could fulfill their mission with the property they've got and they could it and do it safely it may cost them more money it may not be as convenient for them but they could do it."
But there was one person, local businessman James Adkins, who showed more support for the military buildup. "I don't think anyone has come up with an alternative to the military coming here. If you have, I would love to hear it, because we have looked everywhere to find other businesses and industries to come here," he said.
But right after, residents expressed their disagreement with Adkins, as well as challenged the senators to act on the plans the military has moving forward.
Legislature, landowners to tackle land resolution
Legislature, landowners to tackle land resolution
Monday, 28 December 2009 04:31
by Therese Hart | Variety News Staff
RESOLUTION 258 will be heard at 9 a.m. tomorrow in the legislature's public hearing room and its author, Sen. Judi Guthertz, hopes for a big attendance in support of the measure.
Bill 258 expresses the strong opposition of the 30th Guam Legislature and the people of Guam to any use of condemnation for the purpose of obtaining lands for the military buildup or other federal government purposes.
Guthertz also hopes that military representatives will listen carefully and understand how sensitive the issue of the military taking of lands through the method of condemnation is.
“If in fact they have any plans on using land condemnation as a last resort, they must abandon that thought and that plan,” said Guthertz, who chairs the Committee on the Guam military buildup and Homeland Security.
Waste of time
Former Sen. Ted Nelson, whose family owns the property in the Marbo area in Yigo, said yesterday the military must understand that there is a difference between government-owned land and land owned by private owners.
“The federal government should deal directly with the private property owners, but they have ignored us. If they decide to condemn lands, then our input in the draft environmental impact study during those village meetings they held were a waste of time,” said Nelson.
Guthertz believes land-taking will further widen the gap between the military and the citizens of Guam. “If it is a pursued approach, they will alienate many people in this community and I think it would have a very negative impact on the reception of the people of Guam to this buildup,” said the senator.
Proper and fair
“I just want it to be done properly and fairly. And if the military really want to be a partner they have to respect the unfortunate experiences the people of Guam went through in reference to land taking and they have to resist any initiative to replicate that in the future,” she said.
Nelson said that if the federal government is determined to condemn lands, then landowners who desire to sell their property must be paid the fair market value of the lands taken by condemnation. “With our tiny landmass, we're talking about millions of dollars worth of properties. Will they give landowners fair market value?” he asked.
But even then, said Nelson, the federal government has the ultimate say.
“In the end, who can prohibit the use of the power of eminent domain to take private property to be used for the buildup? Only the federal government has this authority,” said Nelson.
The government of Guam also has the power to condemn lands for public use.
Lost assets
Speaker Judi Won Pat noted that many Chamorro families have seen the loss of many of its assets through condemnation.
While supporters of such condemnation argue they should be upheld so long as the landowner receives "just compensation," landowners know from experience that forced taking of their lands almost never results in a fair economic result for the landowner, the speaker said.
Further, it does not compensate landowners for the emotional loss of inherited lands that have been theirs for generations. “Condemnation of lands goes beyond whether a family received fair market value. It is the loss of a legacy that was intended for the benefit of the future generations of those family members who left it to be cared for and passed on,” said Won Pat.
Monday, 28 December 2009 04:31
by Therese Hart | Variety News Staff
RESOLUTION 258 will be heard at 9 a.m. tomorrow in the legislature's public hearing room and its author, Sen. Judi Guthertz, hopes for a big attendance in support of the measure.
Bill 258 expresses the strong opposition of the 30th Guam Legislature and the people of Guam to any use of condemnation for the purpose of obtaining lands for the military buildup or other federal government purposes.
Guthertz also hopes that military representatives will listen carefully and understand how sensitive the issue of the military taking of lands through the method of condemnation is.
“If in fact they have any plans on using land condemnation as a last resort, they must abandon that thought and that plan,” said Guthertz, who chairs the Committee on the Guam military buildup and Homeland Security.
Waste of time
Former Sen. Ted Nelson, whose family owns the property in the Marbo area in Yigo, said yesterday the military must understand that there is a difference between government-owned land and land owned by private owners.
“The federal government should deal directly with the private property owners, but they have ignored us. If they decide to condemn lands, then our input in the draft environmental impact study during those village meetings they held were a waste of time,” said Nelson.
Guthertz believes land-taking will further widen the gap between the military and the citizens of Guam. “If it is a pursued approach, they will alienate many people in this community and I think it would have a very negative impact on the reception of the people of Guam to this buildup,” said the senator.
Proper and fair
“I just want it to be done properly and fairly. And if the military really want to be a partner they have to respect the unfortunate experiences the people of Guam went through in reference to land taking and they have to resist any initiative to replicate that in the future,” she said.
Nelson said that if the federal government is determined to condemn lands, then landowners who desire to sell their property must be paid the fair market value of the lands taken by condemnation. “With our tiny landmass, we're talking about millions of dollars worth of properties. Will they give landowners fair market value?” he asked.
But even then, said Nelson, the federal government has the ultimate say.
“In the end, who can prohibit the use of the power of eminent domain to take private property to be used for the buildup? Only the federal government has this authority,” said Nelson.
The government of Guam also has the power to condemn lands for public use.
Lost assets
Speaker Judi Won Pat noted that many Chamorro families have seen the loss of many of its assets through condemnation.
While supporters of such condemnation argue they should be upheld so long as the landowner receives "just compensation," landowners know from experience that forced taking of their lands almost never results in a fair economic result for the landowner, the speaker said.
Further, it does not compensate landowners for the emotional loss of inherited lands that have been theirs for generations. “Condemnation of lands goes beyond whether a family received fair market value. It is the loss of a legacy that was intended for the benefit of the future generations of those family members who left it to be cared for and passed on,” said Won Pat.
Thursday, December 24, 2009
Senator seeks reassurance feds won't condemn land
Senator seeks reassurance feds won't condemn land
By Dionesis Tamondong • Pacific Daily News • December 24, 2009
Sen. Judith Guthertz yesterday followed up her letter to the Joint Guam Program Office seeking clarification on whether the federal government may condemn private or local government property to acquire buildup-related land.
Guthertz, chairwoman of the Legislature's Committee on the Guam Buildup, again asked retired Marine Major Gen. David Bice, JGPO executive director, to reassure her that landtakings through condemnation and eminent domain won't be a "prominent feature of the military buildup."
The senator earlier this month introduced a legislative resolution declaring the island's strong opposition to the federal government condemning any land for the planned military buildup.
The Department of Defense is seeking to acquire at least 2,200 acres of non-federal land for the buildup, according to the draft Environmental Impact Statement. For example, between 1,100 acres and 1,800 acres along Route 15 in Mangilao and Yigo are needed for the proposed firing range.
A public hearing on Resolution 258 is scheduled for 9 a.m. Dec. 29 in the Legislature's public hearing room.
By Dionesis Tamondong • Pacific Daily News • December 24, 2009
Sen. Judith Guthertz yesterday followed up her letter to the Joint Guam Program Office seeking clarification on whether the federal government may condemn private or local government property to acquire buildup-related land.
Guthertz, chairwoman of the Legislature's Committee on the Guam Buildup, again asked retired Marine Major Gen. David Bice, JGPO executive director, to reassure her that landtakings through condemnation and eminent domain won't be a "prominent feature of the military buildup."
The senator earlier this month introduced a legislative resolution declaring the island's strong opposition to the federal government condemning any land for the planned military buildup.
The Department of Defense is seeking to acquire at least 2,200 acres of non-federal land for the buildup, according to the draft Environmental Impact Statement. For example, between 1,100 acres and 1,800 acres along Route 15 in Mangilao and Yigo are needed for the proposed firing range.
A public hearing on Resolution 258 is scheduled for 9 a.m. Dec. 29 in the Legislature's public hearing room.
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