
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1424c]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                            CHAPTER 8A--GUAM
 
                      SUBCHAPTER IV--THE JUDICIARY
 
Sec. 1424c. Review of claims respecting land on Guam


(a) Jurisdiction

    Notwithstanding any law or court decision to the contrary, the 
District Court of Guam is hereby granted authority and jurisdiction to 
review claims of persons, their heirs or legatees, from whom interests 
in land on Guam were acquired other than through judicial condemnation 
proceedings, in which the issue of compensation was adjudicated in a 
contested trial in the District Court of Guam, by the United States 
between July 21, 1944, and August 23, 1963, and to award fair 
compensation in those cases where it is determined that less than fair 
market value was paid as a result of (1) duress, unfair influence, or 
other unconscionable actions, or (2) unfair, unjust, and inequitable 
actions of the United States.

(b) Acquisitions effected through condemnation proceedings

    Land acquisitions effected through judicial condemnation proceedings 
in which the issue of compensation was adjudicated in a contested trial 
in the District Court of Guam, shall remain res judicata and shall not 
be subject to review hereunder.

(c) Fair compensation

    Fair compensation for purposes of this Act is defined as such 
additional amounts as are necessary to effect payment of fair market 
value at the time of acquisition, if it is determined that, as a result 
of duress, unfair influence, or other unconscionable actions, fair 
market value was not paid.

(d) Employment of special masters or judges

    The District Court of Guam may employ and utilize the services of 
such special masters or judges as are necessary to carry out the intent 
and purposes hereof.

(e) Awards

    Awards made hereunder shall be judgments against the United States.

(f) Limitation on attorney's fees; violation; penalty

    Attorney's fees paid by claimants to counsel representing them may 
not exceed 5 per centum of any additional award. Any agreement to the 
contrary shall be unlawful and void. Whoever, in the United States or 
elsewhere, demands or receives any remuneration in excess of the maximum 
permitted by this section shall be guilty of a misdemeanor and, upon 
conviction thereof, shall be fined not more than $5,000 or imprisoned 
not more than twelve months, or both. A reasonable attorney's fee may be 
awarded in appropriate cases.

(g) Availability of documents, records, and writings to court

    All agencies and departments of the United States Government shall, 
upon request, deliver to the court any documents, records, and writings 
which are pertinent to any claim under review.

(Pub. L. 95-134, title II, Sec. 204, Oct. 15, 1977, 91 Stat. 1162; Pub. 
L. 96-205, title III, Sec. 301(a), Mar. 12, 1980, 94 Stat. 87.)

                       References in Text

    This Act, referred to in subsec. (c), is Pub. L. 95-134, Oct. 15, 
1977, 91 Stat. 1159, as amended, popularly known as the Omnibus 
Territories Act of 1977. For complete classification of this Act to the 
Code, see Tables.

                          Codification

    Section was not enacted as part of the Organic Act of Guam which 
comprises this chapter.


                               Amendments

    1980--Subsec. (c). Pub. L. 96-205 struck out provisions prohibiting 
allowance of interest on additional amounts of award.


          Treatment of Certain Awards by District Court of Guam

    Pub. L. 100-647, title VI, Sec. 6140, Nov. 10, 1988, 102 Stat. 3724, 
provided that: ``For purposes of the internal revenue laws of the United 
States and Guam, gross income shall not include any amount received 
pursuant to any claim over which the District Court of Guam has 
jurisdiction by reason of section 204 of Public Law 95-134 [this 
section] (commonly referred to as the Omnibus Territories Act of 1977). 
This section shall be effective for taxable years beginning after 
December 31, 1985.''


           Commencement of Civil Actions Before April 1, 1982

    Section 301(b) of Pub. L. 96-205 provided that: ``Any civil action 
under section 204 of the Omnibus Territories Act of 1977 (91 Stat. 1162) 
[this section] shall be barred unless it is commenced not later than 
April 1, 1982.''
