Admin bill proposes giving Samoan Affairs more leeway in Land & Title disputes

Pago Pago, AMERICAN SAMOA — An Administration bill proposing to limit the amount of time that land and title disputes may languish before the Office of the Samoa Affairs was introduced in the House of Representatives yesterday.

According to the proposed measure this bill limits the amount of time that land and title disputes can be before the Office of Samoan Affairs without complying with the procedures provided in A.S.C A & 43.0302(a) giving the Secretary of Samoan Affairs the Authority to make rules in land and matai title disputes.

“The prolonged land and matai title disputes prevent the peaceful and orderly administration of family and village affairs; and it is the interest of the people and government of American Samoa to resolve disputes in a timely manner.”

It was also noted that, “The Secretary of Samoan Affairs lacks the ability to collect fees to support the operation of the Office of Samoan Affairs.”

The proposed measure seeks to amend Section 43.0302 of irreconcilable dispute.

“Before any action relating to controversies over communal land or matai titles may be commenced in the Land and Title Division a party shall file with his complaint a certificate signed and attested by the Secretary of Samoan Affairs or his deputy, in which the Secretary or his deputy affirms and states: 

“That on at least 2 occasions, the party have appeared personally before him and 2 persons designated by him, without an attorney or counsel, and that an attempt was made to resolve the controversy.

“That all parties to the controversy received at least 20 days notice for each of the 2 required appearances, the date and hour of the beginning and conclusion of each appearance.

“The findings and conclusions of the Secretary or his deputy and the 2 designees with respect to the controversy heard before them, including a statement of the reason why the controversy could not be resolved. 

“The certification mentioned in subsection (a) may not be required prior to the issuance of a temporary restraining order issued by the Chief Justice or an Associate Justice to prevent the occurrence of irreparable damage. 

“Notwithstanding subsection (a). If after expiration of six months from the date the land or title matter was referred to the Secretary of Samoan Affairs and there is no compliance with subsection (a), the Secretary of Samoan Affairs or his deputy shall confirm in writing to the Chief Justice or a presiding Justice of the High Court, that the parties have failed to comply and/or to complete the requirement of subsection (a) (1), therefore, the case shall be and is hereby forwarded to the land and Titles Division of the High Court for adjudication of the said land and title claim(s) in accordance A.S.C.A section 3.0240 - 3.0242.”

Furthermore the proposed bill states that the Secretary of Samoan Affairs may adopt rules in accordance with the Administrative Procedures Act, Section 4.1001 et seq.

“To provide for rules to establish forms, provide for the conduct of hearings, establish fees for matters brought under this section, and otherwise accomplish the purpose of this code section.

“Fees collected pursuant to rules promulgated by the Secretary of Samoan Affairs shall be earmarked for use by the Office of Samoan Affairs”.