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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
PALAU DISTRICT
Civil Action No. 71
ALFONSO R. OITERONG
and
TECHITONG REMERANG
Appellants
v
TRUST TERRITORY OF THE PACIFIC ISLANDS
and
JOSEPH C. PUTNAM, its Alien Property
Custodian
Appellees
September 25, 1958
Action to determine ownership of land in Koror Municipality, in which plaintiffs claim as former owners of land taken from them by Japanese Government in 1927 and again in 1930, without payment of compensation. On appeal from District Land Title Determination, the Trial Division of the High Court, Associate Justice Philip R. Toomin, held that there are no equitable or legal grounds for dispossessing Trust Territory Government of owner-ship of premises in view of interval of time which has elapsed since plaintiffs were wrongfully deprived of title by former government.
Affirmed.
1. Eminent Domain-Generally
Under present Trust Territory law, taking of private property without just compensation warrants legal action and ensures recovery of fair compensation. (TTC, Sec. 4)
2. Former Administrations-Redress of Prior Wrongs
Where taking of private property occurred during occupation of prior power, basis for making claim against present Trust Territory Government for dereliction of former government has no legal footing in legal or equitable principles.
3. Former Administrations-Redress of Prior Wrongs
There are no legal or equitable grounds for dispossessing Trust Territory Government in ownership and use of property where long interval of time has elapsed since plaintiffs were wrongfully deprived of title thereto by former government.
4. Former Administrations-Redress of Prior 'Wrongs
There is no legal basis upon which sovereign power can be required to right ancient wrongs committed against its subjects by prior power before cession or conquest of lands involved.
5. Former Administrations-Redress of Prior Wrongs-Exception to Applicable Doctrine
Only exception to rule regarding righting of ancient wrongs of former power, is in cases where wrong occurred so closely to time of change of government as to have afforded aggrieved party no opportunity to obtain redress in courts.
6. Former Administrations-Redress of Prior Wrongs-Exception to Applicable Doctrine
Where taking of private property by Japanese Government occurred in 1919, exception to general rule as to righting of ancient wrongs of former government is not applicable.
7. Former Administrations-Taking of Private Property by Japanese Government-Limitations
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