Use and Development of Government and Other Land - Chapter 68 of 21 GCA “Real Property”.

Subject

Land & soil, Wild species & ecosystems

Keyword

Land tenure Public land Lease Agricultural land Institution Expropriation Agricultural development Land-use planning EIA Protected area

Geographical area

Micronesia, Oceania, South Pacific

Abstract

This Chapter regulates the use of Government land and defines uses for specific purposes and for specified parts of Guam. The Director with the approval of the Governor is authorized to grant permits for the use of any suitable government real property, not otherwise occupied or in use, and for any lawful purposes. Articles 2 to 5 provide for use of specific lands and the sale of such land to qualified purchasers. Article concerns a comprehensive development Master plan to be adopted for specified areas. The Task Force drafting the plan shall include an Environmental Impact Report in its draft Master plan and any subsequent Master plan, detailing the impact of the Plan on the ecology of the areas subject to the Master plan. The report shall be approved by the Guam Environmental Protection Agency prior to its inclusion in the draft Master plan. Article 7 concerns agricultural leases on government real property suitable for agriculture. The Department of Agriculture shall process all applications for lease and shall determine the best agricultural uses. Criteria of eligibility are defined and the form of lease is prescribed. Provision is made for the ratification of existing agricultural leases. Articles 8 to 10 again concern use of specific lands. Article 10 provides for the termination of federal ownership of real property in Northern Guam called Wildlife Refuge and the transfer of those lands from the control of the U.S. Department of the Interior's Fish and Wildlife Service to local authority for whatever purposes deemed appropriate by local authority, including possible return to original landowners. Article 11 provides for miscellaneous land transactions such as lease of Government land to the Guam Farmers Cooperative Association.

Full text

English

Website

www.guamcourts.org

References - Legislation

Implemented by

Land Use Permit Rules and Regulations - Article 4 of Chapter 1 of Title 18 of the Guam Administrative Rules and Regulations.

Legislation | Guam (USA) | 1997 (2004)

Keyword: Land-use planning, Authorization/permit, Contract/agreement

Source: FAO, FAOLEX

Amended by

Act to amend Chapter 68, Title 21 of the Guam Code (P.L. 28-005).

Legislation | Guam (USA) | 2005

Keyword: Flood, Policy/planning

Source: FAO, FAOLEX

Public Law 29-151 - An Act to add a new Article 14 to Chapter 68 of Title 21 of the Guam Code Annotated, relative to the return of unused properties to their rightful owners and heirs, and to cite the act as "The Return of Private Properties Act of 2008."

Legislation | Guam (USA) | 2009

Keyword: Public land, Transfer, Expropriation, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX