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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
Civil Action No. 123
PALAU DISTRICT
NGIRAIBIOCHEL, Appellant
v
TRUST TERRITORY OF THE PACIFIC ISLANDS and JOSEPH C. PUTNAM, its Alien Property Custodian, Appellees
September 5, 1958
Action to determine title to below high watermark in Koror Municipality. Land was owned by appellant during Japanese Administration and was taken by Japanese Government after declaration that all land below high watermark was government land. On appeal from District Land Title Determination, the Trial Division of the High Court, Associate Justice Philip R. Toomin, held that neither under Japanese law nor under common law are there any rights possessed by party to utilize land between high and low watermarks.
Affirmed
1. Former Administrations-Taking of Private Property by Japanese Government-Limitations
Decisions of former governments prior to March 27, 1935, relating to land ownership and rights are binding. (Policy Letter P-1, December 29, 1947)
2. Public Lands-Succeeding Sovereign
All rights in land acquired by German and Japanese Governments are property of Trust Territory Government. (Policy Letter P-1, December 29, 1947)
3. Former Administrations-Taking of Private Property by Japanese Government-Limitations
Land transfers from non-Japanese private owners to Japanese Government, corporations, or nationals since March 27, 1935, are subject to review and are considered valid unless former owner, establishes sale was not made of free will and just compensation was not received. (Policy Letter P-1, December 29, 1947)
4. Former Administrations-Taking of Private Property by Japanese Government-Limitations
Where no claim is made by party that his land was transferred to Japanese Government or that consideration was paid by Japanese Government for tidal lands, Trust Territory administrative policy as to land transfers occurring since March 27, 1935, is not applicable. (Policy Letter P-1, December 29, 1947)
5. International Law-Sovereignty
Right to enact laws determinative of boundaries of land lying along shores of open sea is traditional attribute of sovereignty.
6. Real Property-Shore Lands
Land along seashore which is covered by ebb and flow of tide waters is real property and is exclusively subject to laws of country within which it is situated.
7. Real Property-Shore Lands
Only that country within which land along seashore is situated can prescribe mode by which title thereto passes from one person to another or any interest therein gained or lost.
8. Former Administrations-Applicable Law
Under League of Nations Mandate, Japan was free to apply its laws to Palau Islands to same extent as though they had been geographical division of the Japanese Empire.
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