Irons v Rudolph [2019] FMCSC 3; 22 FSM R. 408 (Chk. S. Ct. Tr. 2019) (19 March 2019)

CHUUK STATE SUPREME COURT TRIAL DIVISION
CSSC-CIVIL ACTION-NO. 119-2018

FERMINA IRONS et al.,
Plaintiffs,

vs.

INACIO RUDOLPH et al.,
Defendants.
___________________________________

ORDER REMANDING DETERMINATION OF OWNERSHIP OF AROWOR AND GRANTING A STIPULATED TO PRELIMINARY INJUNCTION

Repeat R. Samuel
Associate Justice

Hearing: March 18, 2019
Decided: March 19, 2019

APPEARANCES:

For the Plaintiffs: Ben Enlet
P.O. Box 1650
Weno, Chuuk FM 96942

For the Defendants: Daniel Rescue, Esq.
Micronesian Legal Services Corporation
P.O. Box D
Weno, Chuuk FM 96942

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HEADNOTES

Property Ä Land Commission; Property Ä Tidelands
Because Fefan and all areas under its political jurisdiction were designated as Land Registration Area 14, and because a tideland in Fefan falls under the political jurisdiction of Fefan, it thus lies within Registration Area 14, and the Land Commission therefore has primary jurisdiction to determine its ownership, as opposed to the court Ä unless, special cause is shown. Irons v. Rudolph, 22 FSM R. 408, 410 (Chk. S. Ct. Tr. 2019).

Property Ä Land Commission; Torts Ä Trespass
While an action for trespass remains proper for the court to hear because it is a court of general jurisdiction under the Chuuk State Judiciary Act of 1990, the Land Commission must resolve the question of title before the court can determine the trespass issue since the tideland was in a land registration area and no special cause was shown for court jurisdiction. Irons v. Rudolph, 22 FSM R. 408, 410 (Chk. S. Ct. Tr. 2019).

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COURT’S OPINION

REPEAT R. SAMUEL, Associate Justice:

I. INTRODUCTION

Plaintiff Fermina Irons commenced this trespass and quiet title action upon allegations that Defendant Inacio Rudolph and his family trespassed upon a tide land known as Arowor in Fefan Municipality. This matter came to trial on March 18, 2019. Irons urges the Court to determine that her family owns Arowor and asked for injunctive relief against Rudolph amongst other damages. Rudolph asserts that his family is the real owner of Arowor.

Prior to commencing the evidentiary hearing, the Court raised a preliminary matter of primary jurisdiction as to the underlying action for quiet title.

While the Article VII of the Chuuk Constitution provides the State Supreme Court with concurrent original jurisdiction to try land cases, Section 7 of the Land Commission Act of 2004 sets additional requirements when a land case falls within a registration area. Chk. S.L. No. 07-04-06. Namely, Section 7 requires the Court to refrain from entertaining such actions over registration areas, except upon a showing of special cause as to why action by the Court is desirable before the Commission makes a determination of ownership.

Since September 20, 1991, Fefan and all areas under its political jurisdiction are designated as Registration Area 14 pursuant to Title 67 Section 14 of the Trust Territory Code Ä which remains valid law under Chuuk State Law No. 07-04-06.

As a tideland in Fefan, Arowor falls under the political jurisdiction of Fefan and thus lies within Registration Area 14. Neither party claims to possess a determination of ownership or certificate of title over Arowor. The Land Commission therefore has primary jurisdiction in determining ownership over Arowor, as opposed to this Court Ä unless, special cause is shown.

Irons’ counsel, Ben Enlet, never proffered this Court with a special cause as to why this Court should exercise jurisdiction over the determination of ownership in this quiet title action instead of the Land Commission. Instead, Enlet admitted on the record that he did not know that Arowor fell within a land registration area. Counsel’s failure to conduct basic legal research prior to filing a case with this court fails to meet the standard of "special cause" as to why this Court should exercise jurisdiction. For that reason, the Land Commission should determine ownership over Arowor instead of this Court.

Meanwhile, the action for trespass remains proper for this Court to hear as this Court is a Court of general jurisdiction under the Chuuk State Judiciary Act of 1990. Prior to determining the issue of trespass, the Land Commission must resolve the question of title.

II. CONCLUSION

This Court remands the question regarding title over Arowor to the Land Commission. As both parties claim title to Arowor, the costs of surveys and other costs shall be split evenly between the parties. The Senior Land Commissioner is directed to conduct hearings and cause for the commission to issue a determination of ownership over Arowor before August 20, 2019 Ä in the alternative, to file a document with this court which will explain reason for delays if such determination of ownership may not be issued by September 20, 2019. This case will remain open while the land commission determines ownership.

Further, the parties stipulated until this Court resolves the issue of trespass, the parties will maintain status quo as to the use of this land. Namely, neither party will:

1. Take sand, coral, or rocks from the Arowor

2. Cut mangrove trees in Arowor

3. Or do any filling on the property

The Court will use its power of contempt to enforce this stipulated injunction

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