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Land Acquisition Act 1986


Published: 1986-12-31

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Land Acquisition Act 1986
TITLE 9 – PUBLIC LANDS AND RESOURCES
CHAPTER 2 - LAND ACQUISITION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
LAND ACQUISITION ACT 1986
Arrangement of Sections
Section Page
PART I - GENERAL PROVISIONS 3
§201. Short Title. ............................................................................................................................. 3
§202. Interpretation. ....................................................................................................................... 3
PART II- PRELIMINARY INVESTIGATION AND DECLARATION OF
INTENDED ACQUISITION 5
§203. Investigation for selecting land. ......................................................................................... 5
§204. Compensation for damage done during investigations. ................................................ 6
§205. Notice of intended acquisition. .......................................................................................... 7
PART III - PROCEEDINGS IN COURT 8
§206. Determination by High Court. ........................................................................................... 8
§207. The procedure before the High Court. .............................................................................. 9
§208. Assessment of compensation. ........................................................................................... 10
PART IV - PAYMENT OF COMPENSATION 10
§209. Tender and payment. ......................................................................................................... 10
§210. Compensation which cannot be paid. ............................................................................. 11
§211. Renunciation of right to compensation. .......................................................................... 11
§212. Interest on compensation. ................................................................................................. 11
§213. Exchange. ............................................................................................................................. 12
§214. Finality as to payment of compensation. ........................................................................ 12
§215. Exchange with other landowners. ................................................................................... 12
PART V - POSSESSION AND DISPOSAL 13
§216. Vesting order for taking possession of land and acquiring servitudes. ..................... 13
§217. Effect of vesting order. ...................................................................................................... 13
§218. Possession. .......................................................................................................................... 13
§219. Immediate possession on urgency. ................................................................................. 14
§220. Immediate possession after proceedings commenced. ................................................ 15
PART VI- DIVESTING OF LANDS 15
§221. Divesting orders. ................................................................................................................ 15
PART VII - GENERAL 17
§222. Compulsory acquisitions authorized by any other written law. ................................ 17
§223. Abandonment of acquisition proceedings. .................................................................... 17
§224. Serving of notices. .............................................................................................................. 18
§225. Application of Constitutional Provisions. ...................................................................... 18
§226. Payment. .............................................................................................................................. 18
TITLE 9 – PUBLIC LANDS AND RESOURCES
CHAPTER 2 - LAND ACQUISITION
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
LAND ACQUISITION ACT 1986
AN ACT to make provision for the acquisition of lands and servitudes for public use
for payment of just compensation in terms of Article II, Section 5 of the Constitution
of the Marshall Islands and to provide for matters connected therewith and
incidental thereto.
Commencement: December 31, 1986
Source: P.L. 1986-27
PART I - GENERAL PROVISIONS
§201. Short Title.
This Chapter may be cited as the “Land Acquisition Act 1986”. [P.L. 1986-27, §1.]
§202. Interpretation.
In this Chapter unless the context otherwise requires:
(a) “acquiring officer”, with reference to any land, means an
officer appointed by the Secretary for the implementation of
this Chapter with respect to the particular land;
(b) “divesting code” means an order used by the Minister
countermanding the effect of a vesting order;
(c) “land” includes:
(i) any interest in, or any benefit to arise out of any land,
according to persons holding the title of Iroij Laplap,
Iroij Erik, Alab, or Senior Dri Jerbal, or any or all
persons claiming under the foregoing title holders;
(ii) any leasehold or other interest held by any person; and
(iii) things attached to the earth;
(d) “Minister” means the Minister who is for the time being
charged with the administration of the subject and functions
relating to land;
(e) “person interested”, with reference to land, means an Iroij
Laplap, Iroij Erik, Alab and Senior Dri Jerbal, and any or all
persons claiming under them, or a person having an interest in
the land, as owner, co-owner, mortgagee, lessee or otherwise,
whether absolutely for himself or in trust for any other person,
or for any charitable, religious or other purpose, or a person
having a servitude over land. “Person interested” does not
include a monthly tenant;
(f) “public use” includes the use which, under this Chapter or
any other written law, is deemed to be a public use. However,
“public use” does not include a use primarily to generate
profits or revenues and does not include a use not primarily
providing a public service;
(g) “Secretary” means the Secretary to the Ministry in charge of
land matters;
(h) “servitude” means any right over any land and includes a
right of way, right to draw water and similar rights over any
land;
(i) “vesting code” means an order issued by the Minister and
published in the local newspaper directing an acquiring officer
to take possession of certain land for and on behalf of the
Republic or declaring that certain land is subject to a servitude
for public use. [P.L. 1986-27, §2.]
PART II- PRELIMINARY INVESTIGATION AND DECLARATION
OF INTENDED ACQUISITION
§203. Investigation for selecting land.
(1) Where the Minister decides that any land in any area is needed for
any public use, he may direct the acquiring officer of the area in
which the land is situated to cause a notice in accordance with
Subsection (2) of this Section to be exhibited in some conspicuous
place in that area .
(2) The notice referred to in Subsection(l) of this Section shall be in the
Marshallese and English languages and shall state that land in the
area specified in the notice is required for public use and that all or
any of the acts authorized by Subsection (3) of this Section may be
done on any land in that area in order to investigate suitability of that
land for that public use.
(3) After notice under Subsection (2) of this Section is exhibited for the
first time in any area, any officer authorized by the acquiring officer
who has caused the exhibition of that notice may enter any land in
the area, together with such persons, implements, materials and
vehicles, as may be necessary and:
(a) survey and take levels of that land;
(b) dig or bore into the subsoil of that land; (c) set out the
boundaries of that land and intended line of any work
proposed to be done on that land;
(d) mark such levels, boundaries, and lines by placing marks and
cutting trenches;
(e) where otherwise the survey of that land cannot be completed
and such levels taken and such boundaries and lines marked,
cut down and clear away any part of any standing crop, fence
or jungle on that land; and
(f) do all other acts necessary to ascertain whether that land is
suitable for public use for which land in that area is required.
Provided, that no officer, in the exercise of the powers conferred on
him by the preceding provisions of this Subsection, shall enter any
occupied building or any enclosed court or garden attached thereto,
unless he has given the occupier of that building at least seven (7)
days written notice of his intention to do so. [P.L. 1986-27, §3.]
§204. Compensation for damage done during investigations.
(1) Where any officer empowered by Section 203(3) of this Chapter to
enter any land causes any damage to that land or to any thing
thereon while performing any of the functions set forth in
Section 203(3), he shall assess the amount of compensation for such
damage and shall, if that land is owned by more than one person,
determine the apportionment of that amount among the owners of
that land. Such officer shall give the owner or owners of that land
written notice (hereinafter “compensation damage notice”) of the
amount of compensation assessed by him and any of such
apportionment of that amount as may have been determined by him.
(2) If any person who is entitled to receive the whole or a portion of that
amount of, compensation assessed with respect to any land under
Subsection (1) of this Section and specified in the compensation
damage notice, is dissatisfied with such amount or with the
apportionment of such amount, he may, within fourteen (14) days
make a written appeal to the Secretary against the assessment or
apportionment of compensation referred to in the compensation
damage notice.
(3) Where the Secretary allows an appeal made to him under
Subsection (2) of this Section, he shall either make a new assessment
and apportionment of compensation or shall confirm the amount of
compensation assessed under Subsection (1) of this Section and make
a new apportionment of that amount. The decision of the Secretary
on such appeal shall be final.
(4) Where a timely appeal of the assessment or apportionment of
compensation referred to in the compensation damage notice is made
under Subsection (2) of this Section or where such an appeal is so
made and the Secretary to whom the appeal is made disallows the
appeal, the officer who uses a compensation damage notice shall
tender to each person who is entitled to compensation according to
the compensation damage notice the amount of compensation
allowed to him by such notice; or where such a timely appeal under
Subsection (2) of this Section is made and such Secretary allows the
appeal, the officer who uses a compensation damage notice shall
tender to each person who is entitled to compensation according to
the decision of such appeal the amount of compensation allowed to
him by such decision.
(5) Where the person to whom any amount is payable as compensation
under this Section is, a minor or is of unsound mind or declines to
accept that sum when it is tendered to him or is dead or cannot be
found after diligent search, that sum shall be paid into the High
Court to be drawn by the person entitled thereto. [P.L. 1986-27, §4.]
§205. Notice of intended acquisition.
(1) Where the Minister considers that particular land is suitable for a
public use, or that a particular servitude over particular land should
be acquired for public use, he shall direct the Secretary to cause notice
in accordance with Subsection (3) of this Section to be given to the
owner or owners of that land to be exhibited in some conspicuous
places on or near that land; provided, however, that it shall not be
necessary to give a notice under the preceding provisions of this
Subsection to the owner or any owner of land whose name and
address cannot be found or ascertained.
(2) Before any decision is made by the Minister under Subsection (1) of
this Section to acquire any particular land, the Minister shall be
satisfied that there does not exist any alternative means, by landfill or
otherwise, of achieving at non-prohibitive expense the purpose to be
served by such acquisition.
(3) The notice to be provided in Subsection (1) of this Section shall:
(a) be in the Marshallese and English languages;
(b) contain a description of the land or servitude which is
intended to be acquired;
(c) state that the Government of the Marshall Islands intends to
acquire that land or servitude for public use, and that written
objections to the intended acquisition may be made to the
Secretary; and
(d) specify a period within which such objections must be made,
such period being not less than one month from the date on
which such notice is given.
(4) Where a notice relating to the intended acquisition of land or of a
servitude over land is exhibited under Subsection (3) of this Section,
and objections to such acquisition are made to the Secretary by any of
the persons interested in the land within the time allowed therefor in
the notice, the Secretary shall consider such objections and make
recommendations to the Minister. When such objections are
considered every objector shall be given an opportunity of being
heard in support thereof. After the consideration of the objections the
Secretary shall make his recommendations on the objections to the
Minister.
(5) After expiration of the time allowed for making objections to the
intended acquisition of any land or servitude and where any such
objections have been timely made under Subsection (3)(d) of this
Section, the Minister shall, subject to the provisions of Subsection (6)
of this Section, decide whether that land or servitude should or
should not be acquired under this Chapter after the Minister has
considered the Secretary’s recommendations on those objections.
(6) A decision shall not be taken under Subsection (5) of this Section to
acquire only a part of a building if the owner of the building desires
that the entire building should be acquired under this Chapter, unless
such part can be severed or demolished without serious detriment to
or seriously affecting the amenities of, the building.
(7) For the purposes of this Subsection “building” includes land which is
necessary for the convenient use and occupation of the building.[P.L. 1986-27, §5.]
PART III - PROCEEDINGS IN COURT
§206. Determination by High Court.
(1) Where the Minister decides that particular land or a servitude in any
area should be acquired under this Chapter, he shall direct the
Attorney-General to file an application in the High Court praying for
a declaration by the High Court, that such taking of land for public
use is lawful.
(2) The Attorney-General upon the receipt of a direction by the Minister,
shall within fourteen (14) days make an application to the High Court
praying for a declaration by the High Court, that such taking of land
or servitude is lawful and for an order providing for just
compensation.
(3) The Attorney-General in his application referred to in Subsection (2)
of this Section shall:
(a) describe the land or servitude which is intended to be
acquired;
(b) give the names and the addresses of claimants or persons who
have any interest in the land or the servitude;
(c) make all persons interested in the land or who have objected
to the proposed acquisition, parties to the application;
(d) give a brief description of the purpose for which the land is to
be acquired; and
(e) state that alternative means do not exist, by landfill or
otherwise, for achieving at non-prohibitive expense the
purpose to be served by such acquisition. [P.L. 1986-27, §6.]
§207. The procedure before the High Court.
(1) Upon the receipt of an application by the Attorney-General, the High
Court shall take immediate steps to issue notice on the defendants
who have been made parties to the application, to show cause why
the application should not be allowed.
(2) In the said notice the Court shall set a date for the defendants to file
objections, if necessary, and such date shall be a date less than one
month from the receipt of notice but more than fourteen (14) days
after receipt thereof.
(3) Upon the filing of any objections on or before the due date provided
in Subsection (2) of this Section, or in any event whether objections
have or have not been filed by the defendants, the Court shall inquire
into the application of the Attorney-General and shall make an order
whether the taking of such land is lawful or not. Where the Court
decides that the taking of such land is lawful it shall make an order
on the payment of compensation.
(4) An application made by the Attorney-General under this Section
shall be disposed of by the High Court within a period of three (3)
months from the date of filing of the application.
(5) The Attorney-General may, if he is dissatisfied with the decision of
the High Court with respect to the legality of the acquisition or
quantum of compensation, appeal that decision to the Supreme
Court. The decision of the Supreme Court in an appeal under this
Section shall be final. [P.L. 1986-27, §7.]
§208. Assessment of compensation.
(1) Where any land or servitude is taken, the amount of compensation
shall include reasonably equivalent land rights for all interest holders
or the means to obtain the subsistence and benefits that such land
rights provide.
(2) Whenever the taking of land or servitude forces those who are
dispossessed to live in circumstances reasonably requiring a higher
level of support, that fact shall be considered in assessing whether the
compensation provided is just.
(3) In determining whether compensation for land rights is just, the High
Court shall refer the matter to the Traditional Rights Court and shall
give substantial weight to the opinion of the Traditional Rights Court.
(4) In construing this Section the High Court shall have due regard for
the unique place of land rights in the life and law of the Republic.
(5) In the event of a dispute to ownership among the persons interested
in the land, the High Court shall adjudicate and determine the
ownership of the property as part of the proceedings and determine
the apportionment of compensation among the persons interested.[P.L. 1986-27, §8.]
PART IV - PAYMENT OF COMPENSATION
§209. Tender and payment.
Where an order is made by the High Court under Section 207(3) of this
Chapter or by the Supreme Court under Section 207(5) of this Chapter with
respect to compensation, the acquiring officer shall tender to each person
who is entitled to compensation according to the order, the amount of
compensation allowed to him by that order and shall pay the tendered
amount to him if he consents to receive it. [P.L. 1986-27, §9.]
§210. Compensation which cannot be paid.
Where any person, whom any compensation for the acquisition of land or a
servitude under this Chapter is awarded, declines to receive such awarded
compensation when it is tendered to him, or is dead or cannot be found after
diligent search, or where no person entitled to any compensation for the
acquisition of land or a servitude under this Chapter is known, that
compensation shall be paid into the High Court to be drawn by that person
entitled thereto. [P.L. 1986-27, §10.]
§211. Renunciation of right to compensation.
(1) If any person to whom compensation is payable under this Chapter
for his interest in any land which is to be acquired or over which a
servitude is to be acquired under this Act, desires to renounce his
right to such compensation, he shall make or sign a written
declaration that he renounces such right. Such declaration shall be
conclusive evidence that such person has renounced such right, and
thereafter no person shall, save as provided in Subsection (3) of this
Section, be entitled to claim compensation from the Government of
the Marshall Islands with respect to such interest.
(2) The declaration made by any person under Subsection (1) of this
Section shall state the amount of compensation which would have
been paid to such person by the Government of the Marshall Islands
had such person not renounced his right thereto.
(3) Where any person, other than the declarant in a declaration made
under Subsection (1) of this Section, proves that he was entitled to
such interest in the land to which that declaration relates as was
claimed by that declarant, he shall be entitled to compensation from
the Government of the Marshall Islands with respect to such interest.
The amount of compensation payable to him shall not exceed the
amount of compensation specified under Subsection (2) of this
Section. [P.L. 1986-27, §11.]
§212. Interest on compensation.
Where the amount of compensation payable under this Chapter to any
person for the acquisition of any land or servitude is not paid to him or into
court before the date on which an order under Section 216 of this Chapter
with respect to the subject land or servitude is published, that amount shall
be paid with interest thereon at the rate of twelve percent (12%) per annum
from the date of such order up to the date of payment. [P.L. 1986-27, §12.]
§213. Exchange.
(1) Any person, to whom compensation for the acquisition of any land is
payable under this Chapter, may enter into a written agreement with
the Minister (in lieu of the whole or part of such compensation) for
transfer of any other land which is the property of the Government of
the Marshall Islands or for transfer of any other land, if available,
with other landowners for such compensation. The amount of
compensation in lieu of which the transfer is accepted shall be
specified in such agreement.
(2) Where any person accepts the transfer of any land made under an
agreement executed under Subsection (1) of this Section, such
transfer shall, for the purposes of this Chapter, be deemed to be
payment of the compensation in lieu of which such transfer is
accepted by that person. [P.L. 1986-27, §13.]
§214. Finality as to payment of compensation.
Where compensation for the acquisition of any land or servitude has been,
or is deemed to have been paid in accordance with the provisions of this
Chapter, no further claim against the Government of the Marshall Islands
for compensation for such acquisition shall be allowed. [P.L. 1986-27, §14.]
§215. Exchange with other landowners.
(1) Where land is available for the purpose of exchange (as referred to in
Section 213, above) with other landowners and any person to whom
compensation for the acquisition of any land is payable, the Minister
may enter into an agreement with the landowners of such land to
transfer a portion of that amount of land in lieu of the land acquired,
in the name of the person to whom compensation is payable, for the
sum awarded as compensation for the acquisition for such land.
(2) The amount payable to the landowners of such land who have agreed
to transfer to such person who is willing to accept such land in lieu of
compensation, shall be the amount of compensation which has been
assessed under this Chapter for the land acquired. [P.L. 1986-27, §15.]
PART V - POSSESSION AND DISPOSAL
§216. Vesting order for taking possession of land and acquiring
servitudes.
At any time after a compensation order is made by the Court on the
quantum of compensation pursuant to Section 207 of this Chapter, the
Minister may, by vesting order published in the local newspaper:
(a) direct the acquiring officer to take possession of that land for
and on behalf of the Republic, where the vesting order relates
to the acquisition of any land; or
(b) declare that the land over which that servitude is to be
acquired shall be subject to that servitude where the vesting
order relates to the acquisition of any servitude. [P.L. 1986-27, §16.]
§217. Effect of vesting order.
(1) When a vesting order of the Minister is made with regard to taking
possession of particular land, that land shall, by virtue of that vesting
order, vest absolutely in the Republic free from all encumbrances
from the date on which that order is so published, and any officer
who is authorized to do so by that order may, on or after that date,
take possession of that land for and on behalf of the Republic.
(2) Where a vesting order of the Minister is made with regard to the
subjection of particular land to a particular servitude, that land shall
be subject to that servitude, and that servitude may be utilized for the
public use for which it was acquired on and after the date on which
the vesting order is so published. [P.L. 1986-27, §17.]
§218. Possession.
(1) No officer shall, under Section 217 of this Chapter, take possession of
any occupied building or any part of an occupied building without
giving the occupier of that building at least forty-eight (48) hours
notice of the intention to do so.
(2) Where any officer directed by a vesting order to take possession of
any land is unable or apprehends that he will be unable to take
possession of that land because of any obstruction or resistance which
has been or is likely to be offered, such officer shall, on making an
application to the High Court, be entitled to an order directing the
person in occupation of the subject land to deliver possession of that
land to the applying officer for and on behalf of the Republic.
(3) Where an order under Subsection (2) of this Section is made by the
High Court, any failure to obey such order shall constitute an offense
and be punished as a contempt of court. [P.L. 1986-27, §18.]
§219. Immediate possession on urgency.
(1) Notwithstanding anything contrary in this Chapter or in any other
law, where it becomes necessary to take immediate possession of any
land on the ground of any urgency, the Minister shall direct the
Attorney-General to file an application in the High Court praying for
a declaration to take immediate possession of the land so described.
The Attorney-General shall also along with the application deposit a
sum of money which is considered to be the fair value of the land.
(2) The Attorney-General in his application referred to in Subsection (1)
of this Section shall:
(a) describe the land or servitude which is intended to be
acquired;
(b) give the name and address of all persons interested in the
land, if known;
(c) give a brief description of the purpose for which the land is to
be acquired;
(d) state that the Republic requires immediate possession of the
land;
(e) state that alternative means do not exist, by landfill or
otherwise, for achieving at non-prohibitive expense the
purpose to be served by such acquisition;
(f) state that a sum of money which is considered to be a fair
value of the land has been deposited in court which may be
drawn by the defendants anytime after an order from the
court; and
(g) state that the payment to the court in accordance with this
Section shall entitle the Republic to take immediate possession
of the land.
(3) Upon the application being filed under Subsection (2) of this Section
the High Court shall at an ex-parte hearing determine whether taking
of such land is lawful or not. Upon the determination by the Court
that taking of such land is lawful, the Court shall direct the
defendants to give immediate possession of the land and the
Republic shall take immediate possession of the land, and such land
shall vest absolutely in the Republic free from all encumbrances from
the date of such determination. Any failure to obey such an order by
the defendants shall constitute an offense and be punished as a
contempt of court.
(4) Anytime after the Republic has taken possession of the land the court
shall determine the quantum of compensation as provided for in
Section 208 of this Chapter and the payment shall be made in terms of
Part III of this Chapter . [P. L. 1986-27, §19.]
§220. Immediate possession after proceedings commenced.
Where it becomes necessary to take immediate possession of the land on the
ground of any urgency, after the proceedings under this Chapter have been
commenced but before the quantum of compensation is determined by
court under Section 208 of this Chapter, the provisions of Section 219 of this
Chapter shall apply mutatis mutandis and possession shall be taken
accordingly. [P.L. 1986-27, §20.]
PART VI- DIVESTING OF LANDS
§221. Divesting orders.
(1) Notwithstanding that by virtue of a vesting order under Section 216
of this Chapter, where any land has vested absolutely in the Republic,
if possession of the land has not actually been taken for and on behalf
of the Republic in pursuance of such order, the Minister may by
subsequent order revoke the order and the land to which the order
relates shall be deemed never to have vested in the Republic.
(2) Notwithstanding the issuance of any vesting order in which any land
has vested absolutely in the Republic and actual possession of such
land has been taken for and on behalf of the Republic under the
provisions of Section 217(1) of this Chapter, the Minister may, subject
to Subsection (3) of this Section, by subsequent divesting order, divest
the Republic of the land so vested by the aforesaid vesting order with
the effect as though the land had never vested in the Republic.
(3) The Minister shall, prior to making a divesting order under
Subsection (2) of this Section, satisfy himself that:
(a) no compensation has been paid under this Chapter to any
person or persons interested in the land in relation to which
the said divesting order is to be made;
(b) the said land has not been used for the public use after
possession of such land has been taken by the Republic under
the provisions of Section 217(1) of this Chapter;
(c) no improvements to the said land have been effected after the
order of possession under Section 216(a) of this Chapter has
been made; and
(d) the person or persons interested in the said land have
consented in writing to take possession of such land
immediately after the divesting order is made.
(4) The following provisions shall apply in any case where any land
vested in the Republic by a vesting order is subsequently divested by
a divesting order under Subsection (2) of this Section:
(a) the subject land shall be deemed never to have vested in the
Republic by virtue of that vesting order;
(b) every right, title, or interest in or over the subject land of a
person interested in that land existing at the time the vesting
order was made, shall be deemed not to have been
extinguished, and every such right, title or interest shall be
valid and enforceable notwithstanding such vesting order;
(c) the person or persons interested in that land at the time the
vesting order was made shall forthwith be restored to
possession of the said land;
(d) all claims made under this Chapter to the compensation
payable with respect to the subject land and all proceedings
taken under this Chapter in relation to such claims before the
divesting order took effect shall be deemed to be null and
void;
(e) no fresh claims to compensation with respect to the subject
land and no claim for damages against the Republic, a public
officer or the Minister, by any person or persons interested in
the subject land at the time the vesting order was made, or
subsequent thereto, shall be entertained or allowed in any
court or tribunal; and
(f) the preceding provisions of this Section shall have effect
notwithstanding anything in any other provisions of this
Chapter or in any other written law. [P.L. 1986-27, §21.]
PART VII - GENERAL
§222. Compulsory acquisitions authorized by any other written law.
Where any other written law authorizes the acquisition of land under this
Chapter and the Minister decides that any land is reasonably required under
such other written law by any authority, person or body of persons, the
purpose for which that land is required shall be deemed to be a public use
and the provisions of this Chapter shall app ly accordingly to the acquisition
of that land for that authority, person or body of persons. [P.L. 1986-27, §22.]
§223. Abandonment of acquisition proceedings.
(1) The proceedings commenced under this Chapter for the acquisition
of any land or servitude may, at any time before a vesting order
under Section 216 of this Chapter with respect to that land or
servitude is made, be abandoned.
(2) Where the proceedings commenced under this Chapter for the
acquisition of any land or servitude are abandoned after a person
interested in the land which is to be acquired or over which the
servitude is to be acquired, has incurred costs by reason of any
proceedings taken under this Chapter in any court, the Government
of the Marshall Islands shall pay to that person the amount of those
costs as determined by that court. [P.L. 1986-27, §23.]
§224. Serving of notices.
Where this Chapter requires a notice to be given to any person interested in
certain land to be acquired under this Chapter, such notice shall be deemed
to be given if:
(a) it is sent by registered letter through the post to such person at
his address, if known; or
(b) it is exhibited in some conspicuous places on or near the land,
if such person’s address is not known. [P.L 1986-27, §24.]
§225. Application of Constitutional Provisions.
The provisions of this Chapter shall not be in derogation but in addition to
the provisions of Article II, Section 5 of the Constitution of the Marshall
Islands. [P. L. 1986-27, §25.]
§226. Payment.
The payment of money for compensation herein shall be a charge and paid
out of the Marshall Islands General Fund or may be appropriated from the
monies allocated to the Ministry of Interior and Outer Islands Affairs or
upon a supplementary estimate passed by the Nitijela for that purpose.[P.L. 1986-27, §27.][section re-numbered as §226, former s.226 was “reserved”]