Protestant Mission of Ponape v Trust Territory [1965] TTLawRp 5; 3 TTR 26 (23 March 1965)

3 TTR 26

THE PROTESTANT MISSION OF PONAPE,
Appellant

v.

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

Civil Action No. 202
Trial Division of the High Court
Ponape District

March 23, 1965

Action to determine ownership of land on Ponape Island, in which petitioner claims ownership of two plots of land, one of them filled-in shore land formerly below high-water mark. On appeal from District Land Title Determination, the Trial Division of the High Court, Chief Justice E. P. Furber, held that title to both plots of land was in Alien Property Custodian of Trust Territory since oral statement of Navy official was insufficient to pass title to land, and title to property below high-water mark is in sovereign.

Modified and affirmed.

1. Public Lands – Use Rights

Claim to land on Ponape Island based solely on oral statements of Political Affairs Officer of Navy Administration is insufficient, since officer's position did not carry with it implied authority to convey ownership of government land.

2. Former Administrations – Applicable Law

Legality of act should be decided according to law as it was at time act was done.

3. Former Administrations – Redress of Private Wrongs – Exception to Applicable Doctrine

It is not proper function of courts of present administration to right wrongs which may have been done by former administration except in cases where wrong occurred so near time of change of administration that there was no opportunity for it to be corrected through courts or other agencies of former administration.

4. Public Lands – Shore Lands

Question of ownership of shore land between high-water and low-water mark and exact limits of private ownership of land bounded by sea is one peculiarly dependent upon local law.

5. Public Lands – Shore Lands

Under general common law title in soil of sea is in sovereign except insofar as individual has acquired rights in it by express grant, prescription, usage, or by legislation.

6. Public Lands – Shore Lands

There is no universal and uniform law as to land under tide waters, and great caution is necessary in applying precedents in one state to cases arising in another.

7. Former Administrations – Applicable Law

Question of whether land settlement contract made with German authorities gave right below high-water mark should be determined primarily by law and practice of German Administration on Ponape.

8. Former Administrations – Applicable Law

Under German Administration on Ponape, all property from high-water mark out was considered to belong to German Government, with exception of three private mangrove reserves which were specifically granted by government.

9. Former Administrations – Redress of Prior Wrongs