Ngiralois v Trust Territory [1969] TTLawRp 38; 4 TTR 517 (30 April 1969)

4 TTR 517

EBAS NGIRALOIS,
The Remed Lineage, and Unknown Owners,
Defendants-Appellants

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Plaintiff-Appellee

Civil Appeal No. 30

Appellate Division of the High Court

April 30, 1969

Trial Court Opinion - 3 TTR 303
Appellate Court Opinion-3 TTR 637

Appeal from judgment awarding damages for condemnation taking of quarry by Trust Territory government. Appellant claimed that government had no power to take by condemnation. The Appellate Division of the High Court, D. Kelly Turner, Associate Justice, held that where the government had been created with full power delegated to it there need not be a specific delegation of the right of eminent domain.

Judgment affirmed.

1. Trusteeship -- Administering Authority - Powers

The Government of the Trust Territory has been created with full power delegated to it to execute governmental functions through legislative, administrative and judicial branches.

2. Eminent Domain - Delegation of Power

There need not be a specific delegation of the right of eminent domain where there has been a delegation of full power of government.

3. Eminent Domain - Generally

The power of eminent domain is inherent in government; it is implied without being specified.

4. Eminent Domain - Generally

The use of eminent domain powers is only limited to payment of just compensation and that the taking be for a public use.

5. Eminent Domain - Delegation of Power

The full power of legislation included the right of eminent domain and the right to delegate it, and it was effectively delegated by Congress, by statute, to such person or persons and to be exercised in such manner or through such agencies as the President may direct or authorize. (48 U.S.C. § 1681)

6. Eminent Domain - Generally

The two questions in a condemnation case distill down to whether the purpose qualifies as a public purpose and whether there was sufficient legislative authorization.

7. Eminent Domain - Public Use

It is well established that, in considering the application of the Fourteenth Amendment to a case of expropriation of private property, the question of what is a public use is a judicial one.

8. Courts -- Generally

It is not within the judicial power to strike down something resting within legislative discretion, even though the court will not hesitate to review the manner in which the authority granted by the legislature has been exercised.

9. Eminent Domain - Generally

The Trust Territory eminent domain statute is not similar to the Federal act, nor need it be as long as it requires that the taking be for a public use and the fair value be paid for the property. (T.T.C., Dh. 20)

10. Eminent Domain - Compensation