Damarlane v United States [1995] FMPSC 2; 7 FSM Intrm. 56 (Pon. S. Ct. App. 1995) (20 February 1995)

POHNPEI SUPREME COURT
APPELLATE DIVISION
Cite as Damarlane v United States, 7 FSM Intrm. 56 (Pon. S. Ct. App. 1995)

IGNACIA DAMARLANE et al.,
Appellants,

vs.

THE GOVERNMENT OF UNITED STATES OF
AMERICA ON ITS OWN BEHALF AND STANDING IN
THE PLACE OF THE TRUST TERRITORY OF THE
PACIFIC ISLANDS, THE GOVERNMENT OF POHNPEI
STATE and POHNPEI TRANSPORTATION
AUTHORITY, THE FEDERATED STATES OF
MICRONESIA, and JOHN DOES 1-21,
Appellees.
_________________________________________________

APPEAL NO. 5-91

BEFORE:

The Honorable Edwel H. Santos, Chief Justice
The Honorable Carl Kohler, Associate Justice^[1]

The Honorable Judah C. Johnny, Associate Justice

OPINION

Argued: March 20, 1992
Decided: February 20, 1995

APPEARANCES:

For the Plaintiff/Appellants:
Mary Berman, Esq.
P.O. Box 163
Kolonia, Pohnpei FM 96941

For the Defendant/Appellees (Gov't of Pohnpei and PTA):
Joses R. Gallen, Esq.
Attorney General
State of Pohnpei
Peilapalap, Pohnpei FM 96941

* * * *

HEADNOTES

Constitutional Law - Pohnpei - Taking of Property; Property - Tidelands
Under Pohnpei state law, owners of the land adjacent to the lagoon do not have sufficient property rights in the reef and the lagoon as to entitle them to monetary compensation or other relief for damage to the reef caused by unauthorized dredging activity in the lagoon near their land. Damarlane v. United States, 7 FSM Intrm. 56, 59-60 (Pon. S. Ct. App. 1995).

Constitutional Law - Pohnpei - Taking of Property; Property - Tidelands
Under Pohnpei state law persons simply possessing a permit in the lagoon do not have sufficient property rights in the reef and the lagoon as to entitle them to monetary compensation or other relief for damage to the reef caused by unauthorized dredging activity in the lagoon near their land unless there has been some affirmative action such as prior written approval from the appropriate authority and effecting some development in the area in question. Damarlane v. United States, 7 FSM Intrm. 56, 60 (Pon. S. Ct. App. 1995).

Constitutional Law - Pohnpei - Taking of Property; Property - Tidelands