Phillips intervenes in ancestral lands lawsuit

by Lannie Walker from KUAM.com

Guam - A hearing on a lawsuit brought against the Ancestral Lands Commission was postponed today in Superior Court. Attorney Curtis Van De Veld filed a class action lawsuit in July, claiming a public law that allows the transfer of ancestral properties at the former Federal Aviation Administration site and Marbo land to Tiyan landowners is inorganic.

Van De Veld was able to get a retraining order enforced against the ALC prohibiting it from issuing deeds to the land. Just this week Attorney Mike Phillips filed a motion to intervene on behalf of the Tiyan , including Benny Crawford, who said, "If you read his filing the law is legal there is nothing unconstitutional on it what was done is fair."

Van De Veld say he does not believe Phillips has an interest in the case as Assistant Attorney General William Bishcoff already represents the Ancestral Lands Commission. The status conference before Judge Arthur Barcinas to determine a schedule for the case was moved to January 7 of next year.

DoD to build Marines' housing on GALC land

by Lannie Walker from KUAM.com

Guam - It seems the Tiyan landowners who are in line to receive the Federal Aviation Administration property in South Finegayan are having not only to deal with a lawsuit filed by other original landowners, but there's no telling what challenges may lay ahead now that Uncle Sam wants the same piece of land.

Landowner Benny Crawford told KUAM News, "We at one time thought wow we are going get dirt we are going to build our ranch and do what we need to do and life goes on, but now with that military buildup, that's not going to happen. However, we realize now that there is a need for these two parcels: the FAA and the Marbo Command."

According to the Record of Decision the Department of Defense plans to use the former FAA property in South Finegayan to build homes for the U.S. Marines and their dependents. Yet this same piece of property is the subject of a lawsuit filed by a number of original landowners who argue that a new public law that deeds the land as well as land at Marbo Command to Tiyan landowners is unfair.

The Tiyan landowners are being given these properties in exchange for the government taking their properties for use by the airport. Crawford has been at the forefront of the battle for compensation, and said, "Originally it wasn't about finances it was about the dirt and now it turned out to be about finances and it might be lucrative for the landowners. And if that would be the case right on more power to the landowners."

But according to the Tiyan land swap law, the Guam Legislature made known that their intention was not for these ancestral lands to be made available to the Department of Defense. So the worst-case scenario, should the military moves forward with the ROD, would be that one of the recourses it might have to pursue is condemnation.

Crawford continued, "However if they are going to condemn the land that doesn't leave the landowner in a good situation because condemnation would be fair market value and leaves us out of the negotiation, how much and how to use land for."

On the other hand, Attorney Curtis Van De Veld, who represents landowners against the Tiyan land exchange law, believes there's billions that could still be made. But it wouldn't be just for Tiyan landowners but all original landowners under the Guam Ancestral Lands Commission. "And it's going to be substantial," he noted. "The estimate is in excess of $2 billion."

Van De Veld still believes the deal with the Guam Economic Development Authority and Jortberg Properties is still valid. The two sides were on the cusp of signing a deal to lease the GALC's FAA property when public law was signed mandating that same piece of land be deeded to Tiyan landowners. GEDA subsequently withdrew the request for proposal.

The attorney explained, "When you make an offer and it is accepted, you create a contract. And there was no termination of the offer prior to the acceptance was my understanding, so I think there is likely to be a binding lease on the property."

While Jortberg Properties has not indicated what it plans to do about the GEDA request for proposal, Van De Veld is still moving forward with his clients case, hoping to strike the Tiyan land swap law so that all landowners will benefit no matter what's done with the land. Van De Veld's request for a temporary restraining order has already been granted by a superior court judge, with additional hearings planned ahead.

"At that point, it will simply be a matter of submitting legal argument to the court and letting the court come up with a full and complete judgment in a short period of time which in the best interest of everyone," said Van de Veld.

Benny Crawford with Ray Gibson

Benny Crawford with Ray Gibson

Interview between Ray Gibson and Benny Crawford, Tiyan Landowners Association, about the Tiyan Trust and recent developments in locating lands for the landowners to swap for the inaccessible Tiyan lands.

Click here to download the entire podcast.

http://www.pacificnewscenter.com/images/stories/k57podcasts/feb10/100211_092211.mp3

Tiyan parkway could cost landowners' property

Tiyan parkway could cost landowners' property

Posted: Jan 21, 2010 3:25 PM
by Janjeera Hail

Guam - It appears efforts to build a Tiyan parkway will result in the Government of Guam taking property from some Tiyan landowners. Department of Public Works Director Larry Perez says the agency met with the Federal Aviation and Highway Administration and representatives from the Governor's Office, as well as Congresswoman Madeleine Bordallo's office.

While progress has been made, Perez admits there are challenges. He said, "It looks like there might be some land taking required, if it's a settlement that's great, but if its not a settlement and it requires eminent domain or condemnation, then we're going to need to go before the senators for their approval. He also said, "To pass a law to undo that, to reconcile that is going to be a challenge. The other is with this buildup there's this passion out there to not condemn land. So we're trying to ask the federal government not to condemn land, then GovGuam should follow suit."

Other challenges include some of the Tiyan properties are deemed unusable and have clouded titles. While officials work to finalize the alignment of the parkway, Perez says they are trying to ensure they minimize the impact to landowners and the airport.

Tiyan Taskforce wants land return bill changed: Landowners ask for a set timeline for Ancestral Lands to process cases

Tiyan Taskforce wants land return bill changed: Landowners ask for a set timeline for Ancestral Lands to process cases

By Laura Matthews • Pacific Sunday News • January 10, 2010

A group of Tiyan landowners met yesterday to discuss Bill 278-30, which they believe must include a second section in order for the heirs of original landowners to stand a chance of receiving their estates.

Benny Crawford, chairman of the Tiyan Taskforce, said at a meeting held yesterday at Christ Bible Fellowship Church in Upper Tumon that the second section must include specific language that states how long the Ancestral Lands Commission will take to process each landowner's case and issue the deeds.

A public hearing will be held on the matter on Jan. 14 at the Legislature, where Tiyan landowners hope to persuade senators to move forward with the land exchange.

"Specific language is important with the government of Guam because if it isn't, we will never get anywhere," Crawford said. "It has to be specific for it to happen."

The one-section Bill 278-30 consists of seven lines that identify parcels of land in the Tiyan area that are pending return to the original landowners or their heirs. However, former Sen. Pete Perez said the weakness in the measure is that it doesn't provide any mechanism to transfer the land back to the heirs.

Perez, who is also an attorney assisting the Tiyan Taskforce, told the landowners that without any specific wording or language, it could be some time before they get the land.

"If you are going to rely simply on that measure, I can assure everyone here that you will never see a square inch of land," Perez said. "The one-section bill says nothing about actually returning any land to any of you. ... It is up to everyone here to come out and say the measure doesn't go far enough."

Crawford said he hopes a specification of 180 days will be made as a timeline for the return of the land. He added that the Tiyan Taskforce has identified 49 landowners for the roughly 800 acres of land in question.

Ronald T. Laguana, who is representing one of seven heirs to Lot 2156, said he believes adding specific language to the document will assist the landowners in reacquiring the land.

"The language should be included that these lands be identified by the list of names of the original landowners, if possible," Laguana said.

Tiyan parkway discussions to pick back up

Tiyan parkway discussions to pick back up

Posted: Dec 29, 2009 5:47 PM PST
by Mindy Aguon

Guam - Tiyan landowners should have a better idea of where the Government of Guam intends to build the Tiyan Parkway in the next few weeks. Public Works Director Larry Perez says after a brief break for the holidays, discussions will resume next week Friday, specifically with the airport.

DPW is hoping to work out a deal with the Guam International Airport Authority to utilize airport property for the roadway. Tiyan landowners have pushed for the parkway to be built solely on airport property to prevent any of their land from being taken away as one proposed option was to place the road in the middle of the homes there.

Perez says they are looking for a win-win solution and negotiations with the airport should be completed sometime in January.

DEIS outlines training procedures on Tiyan

DEIS outlines training procedures on Tiyan

Monday, 28 December 2009 04:27
by Jude Lizama | Variety News Staff

THE proposed Tinian-based U.S. Marines training facilities cited in the draft environmental statement impact cites certain priorities for proper use and management focused on the areas including personnel, environmental and civilian safety.

According to the impact statement, the military would schedule any training activities one week in advance, and would also engage in public notification initiatives through the media.

Additionally, the draft study states that “biosecurity training would be coordinated through informal consultations,” with the U.S. Department of Agriculture-Wildlife Services, Commonwealth of the Northern Mariana Islands Department of Fish and Wildlife, and the Division of Aquatic and Wildlife Resources through regional training authority one-week prior to training events.

Environmental briefings, including brown tree snake control, would also be completed prior to departure.

Cultural resource briefing would be completed prior to departure. Authorized USDA inspectors would conduct inspection of supplies and equipment before such shipments bound for Tinian are to be cleared.

The construction of fences, security gates, and range flag poles would be constructed around designated training areas to ensure that necessary portions of the training site are “clear of non-participating personnel during live firing to avoid the potential for injury from ricochet or misdirected shots.”

The draft impact study also assumes that “access to the [military lease area] would be in accordance with Marine Corps safety regulations and would vary depending on the type of training activity that is being conducted. As an example, live-fire activities on proposed ranges would require limited access to the [lease area] on the eastern side of Tinian.”

Limitations to access and various security requirements would be “part of the standard operating procedures for all ranges. The extent of fencing has not been determined, but roads would be gated and range control personnel would survey the area for unauthorized people.

Available monitoring capabilities would be utilized to assure public safety during training events. Training units would have direct communications with range control, and would fly a large red flag when the [training area] is in use,” according to the study.

Tiyan parkway controversy continues

Tiyan parkway controversy continues

Posted: Dec 21, 2009 9:32 PM PST

by Mindy Aguon

Guam - The members of the Tiyan neighborhood association aren't backing down on their efforts to ensure that access to their homes and the airport remains open to the public and that the road doesn't end up being built on their homes. The residents are calling on the airport to be a better neighbor.

The Tiyan Neighborhood Association contends there is no practical reason or basis to prohibit the public from using the new road saying it's apparent that the "FAA wants to take the airport back and restrict access to locals as though it was still military property.

Residents are extremely upset that the Government of Guam returned the land several years ago and now there's a possibility that they will have to give their land back so the government can build the Tiyan parkway.

Tiyan resident and Neighborhood Association member Leonard Calvo said, "They're going to put a road through a neighborhood. It's a neighborhood. People are living there. There's people living in the houses, kids are playing in the streets and now they want to put a major road through there. OK, that just doesn't make sense."

The Department of Public Works, the Federal Highway Administration, the Federal Aviation Administration and the Guam International Airport Authority have been involved in biweekly meetings to determine where the parkway will be built. As we first reported GIAA officials had asked the FAA whether the parkway could be built on airport property.

The feds denied the request and went as far as saying the airport could not use its land or even its revenues to pay for the access road. The FAA is also seeking the closure of the current access road that runs through Tiyan connecting Route 8 with Route 10a.

"Basically," continued Calvo, "the FAA wants to federalize all the land up there and control everything and keep the local traffic off it."

The residents contend the airport is being an irresponsible neighbor by not insisting on the placement of the road. At this point DPW is looking at several options that include building the parkway along the Tiyan cliffline, which would result in homes being condemned as well as another plan for the road to run through the neighborhoods in Tiyan.

"You can't put a five-to-six lane major thoroughfare through a residential neighborhood; I wouldn't see it through Nimitz Estates. I wouldn't see it through Perezville. You don't see that anywhere," said Calvo, who added that the Neighborhood Association is pushing for the airport to be responsible neighbors and work out a compromise with the FAA so that residents can utilize the access road in Tiyan as well the more than 200,000 square feet of new facilities there.

"But really the solution is to put it through the airport property and have the minimal impact on the original landowners and the current residents and it won't really affect the tenants and the people who do business at the airport," he said.

But whether the airport and the FAA will agree on that solution remains to be seen as GIAA Executive Manager Carlos Salas has said he anticipates the issue to be resolved before the New Year or sometime next month.

Tiyan Landowners Uspet Over Parkway Plans

Tiyan Landowners Uspet Over Parkway Plans

Guam - Tiyan landowners are angry about the airport's plans to pave the new road called the Tiyan Parkway through some of their property.



In fact several Tiyan landowners have begun firing off letters to the AB Wonpat International Airport Authority Executive Manager Carlos Salas calling for his resignation.

Several Tiyan landowners have written letters to Salas asking him to "step down" as airport general manager if he is not up to the task of "representing the people of guam". These owners of Tiyan property are upset about the airports plans to take some of their property and use it for a road known as the tiyan parkway. The Federal Aviation Administration has been pushing this plan for the road and has also asserted that the public be denied access to the road. Department of Public Works directorLarry Perez says the road will be open to the public as it is part of DPW's 2030 transportation master plan. He adds that they have yet to make a decision on where exactly the road will run. There are three options for the new road and perez says his agency is working with both the airport and tiyan residents to pick the most viable one.

One of the options would place the road along the cliffside and would require the taking of local landowners property. Another option would place the road inland utilizing more of the airport's property. Perez says that the cliffside option which has angered Tiyan landowners may also be less viable because of the costs involved when constructing a road along a cliff.

Perez says all three of the options will run the road in and out of both airport and local landowners properties. Perez says they are now focussing on picking an option that both the airport and landowners can live with and one that is simply more feasible to construct.

Perez says that the issue of where to put the new Tiyan parkway road has to be resolved by April of 2010.

Written by :
Clynt Ridgell

Tiyan Access Road May Be Closed by FAA

Tiyan residents infuriated at FAA
Dec 20, 2009
by Mindy Aguon

Guam - Tiyan residents have launched a letter campaign outraged by the Federal Aviation Administration's efforts to completely shut down public access through Tiyan. The airport is currently collaborating with the Guam Department of Public Works, the Federal Highway Administration and the FAA to find a win-win solution.

Dozens of Tiyan landowners put pen to paper, expressing their frustration in letters to Guam International Airport Authority Executive Manager Carlos Salas. The landowners are particularly upset about the FAA's insistence that the public be denied access to the new road. The feds have threatened to cut off federal funds unless the access road is closed.

The FAA also warned that GIAA cannot use airport revenues or property for the Tiyan parkway that is supposed to be built and completed by April 2012. The Tiyan Neighborhood Association contends there is no practical reason or basis to prohibit the public from using the new road, saying it's apparent that the "FAA wants to take the airport back and restrict access to locals as though it was still military property."

The Airport's executive manager couldn't detail what plans are in the works for the stalled Tiyan parkway project, but he confirms officials are in discussions to resolve the matter and make it a win-win for everyone. Said Salas, "We want to help and make sure there's public access as well. Our latest collaboration with Public Works and Federal Highway is that the airport is favorably looking at maybe even providing more land to make that possible."

At this point DPW, the FHA, the FAA, and the airport are working on the road alignment and determine where the parkway would be situated. While the FAA previously indicated that GIAA could not use any of its property for the access road, Salas says the airport may end up giving twenty-four acres of land. "Not a change of heart, but look at the parameters that you have to work within," he continued.

"And the parameters are this, that the airport property is strictly for airport use and there are other properties that are available or could be attainable for purposes of the roadway. So let's work with that and see what the airport can do on a give and take situation."

Salas says while discussions are ongoing, he expects the Tiyan parkway will run along East Sunset Boulevard and eventually connect to Route 8 further from south of its current location. He's hopeful an agreement will be reached before the end of the year or by January.

GovGuam Agencies Owe $800,000 in Back Rent

Agencies owe $800k in back rent
By Steve Limtiaco
Pacific Daily News
June 22, 2009

The Guam Environmental Protection Agency and the Department of Public Health and Social Services owe more than $800,000 in back rent to the Guam Ancestral Lands Commission, according to the commission -- money that is supposed to be put into a trust to benefit ancestral landowners.

The two agencies use office space in former military buildings on Tiyan that now are part of the Guam Ancestral Lands Commission inventory. The property licensed to the agencies is former Spanish crown land, which means there are no original owners to claim it.

The commission, which admittedly has little experience leasing property, last month turned the matter over to the Guam Economic Development Authority for collection. At least one of the agencies is disputing the amount owed.

GEDA, which has experience leasing government land, since 2007 has been helping the commission lease Spanish crown land to generate money for the landowner's trust. It did not negotiate the licenses with Public Health and Guam EPA.

At the end of last year, the landowner's trust held $397,657, according to a financial statement prepared by the commission. That money is supposed to compensate ancestral landowners or their heirs if their property was returned by the federal government but still is being held by the local government.

Public Health, which uses the Tiyan building for its Women, Infants and Children program, owes the commission much more than that, according to an invoice prepared by GEDA -- $432,000.

And Guam EPA owes the commission $371,278, according to a GEDA invoice.

The two agencies each are using 8,000 square feet of space, which requires them to pay $8,000 per month, according to their licensing agreements -- payments that started in late 2004.

That means each agency should have paid $480,000 by now, according to the GEDA invoices, but Public Health has paid only $48,000 and Guam EPA has paid only $108,721.10.

Guam EPA Administrator Lorilee Crisostomo said her agency disputes the amount owed.

She said rental payments were withheld years ago because of disparities in the way different agencies were being charged for the use of Ancestral Lands property.

According to a 2006 audit by the Office of the Public Auditor, Guam EPA and Public Health were being asked to pay thousands of dollars a month to use the land while the Guam Police Department and Guam Fire Department, which were using more land, were not being charged at all.

"They are only pushing us because we are federally funded," Crisostomo said.

She said Guam EPA already has paid what it owes for past years and it only owes money for the current year.

Crisostomo said Guam EPA cannot legally pay any other past amounts without permission from lawmakers.

Guam EPA also uses an airport-owned building on Tiyan for its administrative offices, but Crisostomo said the airport does not charge any rent. Guam EPA is required to maintain the property in lieu of rent, she said.

In contrast, she said the Ancestral Lands Commission is charging Guam EPA thousands of dollars a month for a building Ancestral Lands does not maintain.

Public Health Director J. Peter Roberto did not return a call for comment.

Tiyan Landowners Concerned About Being Trumped by the Military

Tiyan landowners concerned about getting trumped by military
By John Davis
Published May 8, 2009
KUAM

Tiyan landowners have negotiated a land exchange with the government after 13 hectares was taken for use by the Guam International Airport Authority and well on their way to determining a methodology on how ancestral lands will be divided. So far, the Tiyan Land Exchange Task Force has ensured properties they are looking at have proper easements for infrastructure to be installed.

And landowners are now concerned they'll never get the land exchange because the U.S. military is also looking at using the same parcels for a firing ranges and housing areas.

At the old Federal Aviation Administration, there's over 400 acres of land the land exchange task force is already looking at plotting and dividing for landowners owed smaller and medium sized lots. Tiyan Land Exchange Task Force chairperson Benny Crawford says with military land on both southern and northern boundaries, the feds want to use the old FAA property not as a firing range, but as a housing area.

"Being a retired military myself is they're looking at this land because it's a breach on their security. It's open and they want to close that gap again and I think that's the main purpose," he explained. "An option was to put some ranges up on the Finegayan area with the safety zones extending out into the water, the feedback we got, studies revealed that that would have a potentially negative impact on the people of Guam because it extends out into recreational waters, the double reefs out there."

Those who stand to receive larger portions of land via the land exchange will have their plots in the Marbou command sea land near Anderson South where there is 390 acres of land that can be used for the land swap. The problem? Joint Guam Program Office executive forward director, David Bice says the military plans to use that property as well.

"The planners had looked on the eastern side of Andersen South, Route 15 we call it, and there is some public and some private lands over there where the safety zones go out into the rather choppy waters on the windward side there and that would have less negative impact on the people," said Bice.

Although Bice says no decisions have been made on the use of local government land for the housing area and firing ranges, Crawford says the feds are doing a pretty good job of ignoring his calls. "I don't even know if they're aware of the Tiyan landowners. I've tried to contact this guy Capt. Ruggerio, whatever his name is the public information officer they've never returned my call. I've tried to call a Master Sergeant down there they never return my call, I just want to let them know there's such a task force," he said.

Next week, Crawford will meet with Senator Ben Pangelinan, the Governor and Lt. Governor and hopefully JGPO officials to sign a resolution to set aside the ALC land for Tiyan landowners. In the meantime, landowners will meet tomorrow at the Christ Bible Fellowship building in Tamuning at 1pm.

Airport Media Blitz

GIAA launches public relations blitz
'Project Airport Now' seeks to inform despite tensions with landowners
By Steve Limtiaco
Pacific Daily News
slimtiaco@guampdn.com

The island's airport is in the middle of a $95,000 public relations effort, including broadcast and print advertisements, brochures, and a press conference, to "elicit public support and participation" for airport issues, projects and activities that affect the community.

It's called "Project Airport Now," and the airport's board members approved its budget more than a year ago, according to the board's minutes.

The A.B. Won Pat Guam International Airport Authority has been distributing information about ongoing and planned capital improvement projects at Tiyan, and last week issued a report crediting the airport with contributing $1.7 billion to the island's economy last year.

It's no coincidence that the airport's message about its positive contribution to the island is being sent just as ground is being broken for the commercial development of former ancestral land at Tiyan -- land coveted by families who have been returned only a fraction of what was condemned by the federal government five decades ago.

"It's a proactive approach to tell the people of Guam, including the subsequent claimants of those (Tiyan) properties, that these are the ABC's and XYZ's of what we are doing right now," said airport Executive Director Jess Torres. "Development of the Tiyan Industrial Park is part and parcel to our development. It just happens to be on the first part of the old enlisted (housing) area."

The government of Guam's policy is to return, through the Ancestral Lands Commission, excess federal land to the families who owned it before it was condemned. In the case of the former military housing area at Tiyan, which is adjacent to the airport runway, only the strip of land between the road and cliffline was returned. Most of the land once owned by the families is on the other side of the street and was deeded by federal officials specifically to the airport for its use.

The airport erected a multimillion-dollar fence in June to separate its property, and last week Triple B Forwarders broke ground on a $2.5 million shipping facility on the land. The airport expects to collect $1.6 million in lease payments from Triple B over 10 years.

Torres said the airport's goal is to do, "What is best for our island. What is best for our people, instead of just a select few."

He said if the commercial projects envisioned at the Tiyan Industrial Park materialize, the children of the ancestral owners, "very likely would end up working for these companies."

Opposition
"I'm against building more stuff. There's no jungle anymore. What's Guam without jungle?" said 27-year-old John Leon Guerrero, who lives with his cousin in one of the former military houses returned to its ancestral owners.

Asked what should happen to the fenced-in land across the street, Leon Guerrero said, "It should go back to the people who own it... Jobs are good, but where's Guam gonna go? It's gonna be one big industrial park."

Torres said, "We've taken a position that we don't have any excess lands to return to anybody." He said the former military property was not deeded to the government of Guam as a whole, but to the airport as a specific entity, and only for its use to benefit the public.

"I don't think it's fair. Why give partial (to the families), and claim the other side (of the road) to be theirs, when actually the whole lot belongs to my family," said 38-year-old Monica DeVera, who has lived in the former military housing along the cliffline for about 2 years.

Her family's ancestral lot is 91,000 square meters large -- most of it in the hands of the airport.

The approximate value of her family's entire ancestral property, including the majority portion held by the airport, is about $4.9 million, based on comparable property values in the area.

"Give it back to the landowners," she said about the land the airport has fenced in. "If not, then compensate them for it."

The airport stands to receive millions of dollars through the lease of the property, but Torres said the airport's bond agreements, as well as the deed to the property, prohibit the airport from using that money as compensation to the families.

"What more do they need to expand? For what?" DeVera asked. "It's not gonna benefit me. It's just going to cause more headaches."

Global economy
The airport terminal itself has about three times more passenger capacity than Guam currently needs, but airport officials said the development of the industrial park is intended to diversify the airport, beyond serving passengers. The revenue that's generated from the property will help the airport make its bond payments and will pay for any needed increases in airport operations, they said.

"The benefit would be that Guam would continue to be in a position to grow the economy," said airport board Chairman Frank Blas. "If we don't have these warehouses, these people who are transporting cargo from one place to another -- they'll probably go to another airport."

Blas said if Guam were to isolate itself, then the airport probably wouldn't need any further development.

"But we can't help but be part of this growing global economy," he said. "If you don't do what the airlines require, you're going to be left behind."

Sen. Jesse Lujan, R-Tamuning, chairman of the legislative aviation committee, said he supports continued development of the airport-held property.

"If we can become a cargo hub ... that's a great thing," he said. "It creates jobs, they become taxpayers, and there's more economic activity."