Legislature advances bill to sell small park parcel to homeowner amid questions about encroachment policy

Vice Speaker Tony Atta moved Bill 79-38 to the third reading file and explained the measure would authorize a homeowner to purchase a portion of Block 8 Park Area, not to exceed 3,600 square feet, to bring the property into compliance with setback requirements. Atta said the homeowner would pay fair market value and cover appraisal and survey costs and that proceeds would be deposited into the Chamorro Land Trust infrastructure and survey fund.

"This bill allows the homeowner to purchase a significant amount, adjacent government property land to comply with the setback requirements for his home and not to exceed 3,600 square feet," Vice Speaker Tony Atta said. "The homeowner will be required to pay fair market value for the property and cover the cost for appraisals and surveys."

Senator Jesus Marcy said he had no principled objection to the transaction but said the record lacks essential detail. He asked whether the problem is a nonconforming setback (which DLM can sometimes grandfather) or a true encroachment; whether erosion from a nearby waterway had reduced the homeowner’s setback; who holds title to the government parcel (parks and recreation or another government entity); how the 3,600-square-foot figure was derived; and how many similarly situated properties exist.

A senator from Barragada and a senator from Ipan raised policy concerns about selling government land, fairness for other landowners, and the potential for a flood of similar requests if a clear policy is not adopted. The Barragada senator also noted potential Army Corps of Engineers involvement for construction near waterways and said selling park-designated land sets a concerning precedent.

Vice Speaker Atta closed debate by emphasizing the homeowner’s safety concerns and the history of erosion on the site; he repeated his request to move the bill to third reading. The presiding officer called for objections and, hearing none, the motion to place Bill 79-38 on the third reading file carried.