Local family files suit in federal court over land allegedly taken from them illegally

Pago Pago, AMERICAN SAMOA — The federal court in Honolulu has set a jury trial next year for the lawsuit brought by the “Salemeana‘i Family” in American Samoa, against the U.S Secretary of Interior, Deb Haaland, over family land adjacent to the Pago Pago International Airport, that plaintiffs claim — among other things — was improperly taken from them by the government.

According to the complaint, the plaintiffs live and communally own a piece of property in American Samoa that borders the Tafuna Airport.

And that plaintiffs are entitled to the U.S. Constitution’s protections, in particular their Fifth Amendment protections for owners of private property from governmental takings.

The complaint alleges that for more than 130 years, plaintiffs and their predecessors, the “Fagaima people”, occupied the land, which is at the center of this case.

It further alleges that in the late 1950s the ASG purported to divest the Plaintiffs of ownership of their long-occupied and lawfully registered property — the Lemeana’i Family Land — by taking and condemning it for airport use.

However, plaintiffs allege that the “divestment and taking were undertaken through an illegal and unconstitutional condemnation proceeding” through the High Court of American Samoa.

“In the condemnation proceeding and continually for more than 60 years thereafter,” the lawsuit further alleges that the property in question, “was invalidly, illegally, and unconstitutionally surveyed and registered by the ASG in the American Samoa Land Registrar’s Office.”

It claims that the Salemeana‘i Family was not aware of the defective registration and survey of the property by the ASG until a High Court hearing in 2018.

The lawsuit explains that the U.S Secretary of the Interior — as the designee of the President of the United States — bears responsibility for the enforcement of federal law — including U.S constitutional rights in American Samoa.

Furthermore, individuals who have been aggrieved by the denial of their constitutional or other federal rights in American Samoa may seek recourse by petitioning the Secretary.

And if the Secretary declines to intervene to remedy the harm, the aggrieved individual properly may file suit against the Secretary in federal district court.

The complaint revealed that the Salemeana‘i Family had first petitioned in November 2020 then-Secretary of Interior, David L. Bernhardt.

Plaintiffs had petitioned Bernhardt to direct the High Court to “vacate its erroneous decisions against the Salemeana‘i Family, and to direct the ASG to immediately transfer title to the Property to the Salemeana‘i Family and pay them just compensation for the taking to date, or to pay the Salemeana‘i Family just compensation for the permanent taking of the Property,” the lawsuit alleges.

Although Bernhardt acknowledged receipt of the Petition in December 2020, but as of July last year, “has failed, neglected, and /or refused to respond to the Petition,” according to the complaint.

“Through the combination of the ASG's unjustified denials of the Salemeana‘i Family’s rights, its tactics in putting forth, then withdrawing, promises that the Property would be returned to the Salemeana‘i Family, the High Court’s unexpected and unjustified rejection of well-settled American Samoan law, and the Secretary’s failure to fulfill his obligations to ensure that U.S constitutional rights are enforced in American Samoa, the Salemeana‘i Family has been deprived of any opportunity to develop their Property for nearly five decades, in violation of their constitutional rights,” the complaint alleges.

Plaintiffs further allege that this violation is ongoing and will continue until all restrictions imposed by the ASG, High Court, and Secretary are set aside.

According to the complaint, the only remedy acceptable for this violation at this point — after the decades-long deprivation of constitutional rights — is an order from the federal court directing the Secretary to vacate the relevant opinions of the High Court, and directing the Secretary to order the ASG’s immediate transfer of Property title to the Salemeana‘i Family along with payment of just compensation for the taking.

The Salemeana‘i Family accordingly brings this action, challenging the Secretary’s decision to approve the taking of Property by the ASG and the High Court, without just compensation, and of the Secretary's decision to deny the Salemeana‘i Family due process of law.

The complaint provides background and details of the property in question, which is 72.72 acres of Salemena’i family land adjacent to the Pago Pago International Airport. It also provides information on the court orders — going back to 1959.

The complaint identified the plaintiffs — Sefulu Kelemete, Faataaga Fealofai, Nofo M. Kelemete, Toloumu Toloumu Jr., and Toreka Brown — who are represented by Honolulu attorneys Michael Jay Green and Peter C. Hsieh.

Following a status hearing last week the court set jury selection and trial to begin in October next year before U.S District Court Judge Derrick K. Watson. It also sets the schedule of hearings and court filings, prior to the trial.