Catholic Mission v Trust Territory [1961] TTLawRp 13; 2 TTR 251 (26 October 1961)

2 TTR 251

CATHOLIC MISSION,
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS
and its ALIEN PROPERTY CUSTODIAN,
Appellees

Civil Actions Nos. 14 and 15
Trial Division of the High Court
Yap District

October 26, 1961

Action to determine ownership of land in Welog Municipality, in which plaintiff seeks to recover pieces of land taken by Japanese Administration in 1926 and 1939. On appeal from District Land Title Determination, the Trial Division of the High Court, Chief Justice E. P. Furber, held that transfer occurring in 1926 was act of Japanese Administration which must be accepted by courts of this administration; as to pieces of land confiscated in 1939, policy of Trust Territory, that lands transferred to Japanese Government after 1935 are considered valid until owner establishes transfer was involuntary and inadequate compensation was received, applies.

Modified.

1. Administrative Law - Land Title Determination - Irregularities

By requesting determination on merits of land dispute and subjecting themselves to court's jurisdiction, parties waive any objections they might have to irregularities in proceedings before District Land Title Officer.

2. Administrative Law - Land Title Determination - Evidence

Where land sketch attached to "Determination of Ownership and Release" from Land Title Officer, is ambiguous, it is of no legal force or effect as against party.

3. Eminent Domain - "Taking"

Where Japanese Government took possession of land in 1926, erected structures thereon and interfered with any other use of any small intervening portions not actively used by it, entire area is considered to have been in possession of Japanese Government since 1926.

4. Former Administrations - Official Acts

Where Japanese Government confiscated and took possession of piece of land in 1926, whether such taking was legal or illegal under law in effect at the time, it must be recognized as act of Japanese Administration.

5. Former Administrations - Japanese Mandate

Japanese Government administering territory under mandate of League of Nations was in same position as sovereign which has been accorded recognition.

6. Former Administrations - Taking of Private Property by Japanese Government-Limitations

Where transfer of land to Japanese Government occurred in 1926, and therefore many years before termination of Japanese Administration, there was ample time to seek redress through judiciary or other authorities of that administration.

7. Former Administrations - Official Acts

Transfer of land to Japanese Government in 1926 must be accepted by courts of present administration without examining merits just as confiscations by foreign government of property within its power are binding upon government which recognizes government effecting such confiscation.

8. Former Administrations - Redress of Prior Wrongs