Nuu Fou ‘land grab’ comes under scrutiny of the Senate and the SSIC

Pago Pago, AMERICAN SAMOA — The process of registration of certain land called “Nuu Fou” by Mauga Tasi Asuega, Laulii Alofa, Michael T. Fuiavai; Patolo Mageo and others as “individually owned land” encompassing close to 400 acres has now come under the microscope of the Senate’s Select Investigative Committee (SSIC).

During the session on Wednesday, Senator Satele Ali’itai Lili’o said there have been a lot of concerns raised in the villages of Fagasa, Malaeimi, and Aasu on the proposal to register these lands as “individually owned”.

“And there are a number of concerns over the said lands that require answers. Firstly, if these lands are to be developed for government projects, then the Legislature should be officially informed.

“Also these lands belong to families and respective villages but this is shocking to hear (if the reports are true) that it’s now being submitted to be registered.”

The Senator said the Territorial Registrar should be called to come before the Fono to explain this matter.

“If the lands have been registered by passing local laws then this matter should be dealt with immediately,” said Satele.

However the Territorial Registrar Divine Falaniko clarified to Samoa News the lands in question “have not been legally registered”, rather it is going through the registration procedure which includes a 60-day process.

The notices published in the local newspaper call for anyone that has a “claiming interest” to “file an objection with the Territorial Registrar’s Office.”

However if no objection is filed within 60 days, the land proposed will be registered in accordance with the law of American Samoa, according to the notice. 

There are three separate notices booked with Samoa News to be published from June 13 up until August 12, 2022, under the names of Mauga; Laulii and Fuiava.

“The notice is further given that the survey and description of the said land are now on file in the territorial registrar’s office where they may be examined at any time prior to the expiration of the said 60 days,” according to the notice.

Samoa News has obtained a copy of the survey and description, which cites close to 400 acres of land was surveyed by the government surveyor in a subdivision of land called Nu’u Fou.

The survey map showing parcels of land in Fagasa, Malaeimi and Aasu currently in the process of being registered as “individually owned land” by by Mauga Tasi Asuega, Laulii Alofa, Michael T. Fuiavai; Patolo Mageo and others. Concerns about the process is the focus of the Senate SSIC, while a hearing is being called this Monday, July 18, 2022 by the Senate Public Works Committee to hear testimony from the government surveyor who did the survey work. [photo: Samoa News]

The map in question has the seal of the American Samoa Government Manager’s certificate.

It says in the village Aasu, there are 83.75 acres claimed by Fuiava and others; 132.19 acres claimed by Mageo Patolo in Aasu; 107.78 acres claimed by Laulii in the village of Malaeimi and 68.32 acres claimed by Mauga in Fagasa village.

The survey was registered on April 20, 2022.

Back in the Senate, Senator Utu Sila Poasa also expressed concerns over this matter and inquired whether the Government should be involved in “surveying” the land in question.

“Given there are certain procedures that need to be met before any land can be surveyed and the Fono should take action.”

Adding that the Senate should call in Mapesone Elisara Laulu for “questioning to find out who initiated” the surveying of these lands.

Chair of the Senate Selective Investigative Committee, Togiola Tulafono said this matter should be investigated by their committee.

“These are issues that will have an impact on the public and its tranquility as well as our laws and it is fitting that this matter be subjected to the overview of the SSIC.”

Togiola added that there are people involved that are not entitled under the law to the lands in question, and they are in the process of registering the land.

“Hence it is appropriate for the SSIC to investigate this matter to determine the issue at hand and then we will report back to the Senate,” said Togiola.

Senate President Tuaolo Manaia Fruean asked about a timeframe for the investigation to kick off and asked to bring the surveyor in for questioning.

“And leave the rest of the issues to the SSIC for a full investigation,” he said.

Togiola explained that government surveyors under the law can survey private property, but urged the Senate not to “worry” the main issue that is concerning is whether the lands in question have been registered legally.

“The land surveyor’s duties is to survey the land and consider all the proper documents, before doing that.”

Furthermore Togiola claims there is also a process where village councils should be consulted before a survey is undertaken and all these documents are submitted to the Territorial Registrar for their consideration before lands are registered.

The Senate President told Satele, the Chair of the Public Works Committee to summon the government’s surveyor for questioning including the authority that allows him to survey private property and says a hearing should be held next week.

However Satele, suggested to prepare a Senate Resolution, but Tuaolo intervened and said that is not necessary.

“No,” said Tuaolo.

“Whatever the [Senate] wants to do, that will be done, but we don’t need a Resolution.”

The Senate President said they should take action.

“I don’t want things whereas, issues are being discussed in the Senate and yet we don’t take any action. So now is the time to get on the move. There are a lot of issues that have surfaced against the Government,” said Tuaolo.

A hearing on this matter is scheduled before the Senate Public Works Committee at 8a.m this coming Monday, July 18, 2022.