Trust Territory v Tudela [1983] TTLawRp 1; 8 TTR 307 (27 January 1983)

8 TTR 307

TRUST TERRITORY OF THE PACIFIC ISLANDS, Defendant-Appellant

v.

MARIA P. TUDELA, Plaintiff-Appellee

Civil Appeal No. 251

Appellate Division of the High Court

Northern Mariana Islands District

January 27, 1983

Appeal from finding in favor of claimants in action brought to recover certain real property, or in the alternative, damages for its loss, against the Trust Territory. The Appellate Division of the High Court held that statute of limitations was not a bar to the action, since the statute did not begin to run until the claimant learned the land had been sold by the government to a third party, and therefore judgment was affirmed.

1. Limitation of Actions-Recovery of Land

The statute of limitations begins to run in a land case when the land owners are put on notice. (6 TTC § 302)

2. Limitation of Actions-Recovery of Land-Particular Cases

Statute of limitations was not a bar to an action against Trust Territory to recover certain real property or, in the alternative, damages for loss of the property, where claimant believed the land to be family property, and issue of ownership never arose until claimant learned the land had been sold by the government to a third party, at which time the statute began running. (6 TTC § 302)

Counsel for Appellee,:	JESUS BORJA, ESQ., Micronesian
		Legal Services Corporation, P.O. Box 826, Saipan, CM 96950
Counsel for Appellant:	Office of the Attorney General,
		Trust Territory of the Pacific Islands, Capitol Hill, Saipan, CM 96950

Before BURNETT, Chief Justice, NAKAMURA, Associate Justice

This action was originally brought to recover certain real property or, in the alternative, damages for the loss of said property, located in Garapan on the Island of Saipan. The Trial Division found in favor of the land claimants and ordered further hearings into the matter of damages incurred by said claimants for the loss of said real property. We find no justification to reverse the findings of the Trial Division.

Despite the contentions of the appellant, the statute of limitations does not apply.