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Damarlane v United States [1995]

FMPSC 2; 7 FSM Intrm. 56 (Pon. S. Ct.

App. 1995) (20 February 1995)

http://www.paclii.org//cgi-bin/disp.pl/fm/cases/FMPSC/1995/2.html?

query=trust territory sovereignty

THE GOVERNMENT OF UNITED STATES OF

AMERICA ON ITS OWN BEHALF AND STANDING IN

THE PLACE OF THE TRUST TERRITORY OF THE

PACIFIC ISLANDS

And as stated in Kilara v. Alexander, 1 TTR 3, 5 (Pon. 1951), land law

on Pohnpei as stated in the German Title Documents "is still in effect

outside of any changes that may have been made by the German

authorities during their regime, . . . or by the American authorities

since the American occupation."

1. During the reign of the Saudeleurs in Pohnpei up to about the

17th century, it is said that the Saudeleurs owned and controlled

both land and the sea of the general area referred to as Katau

Peidak to Katau Paidi or Peidi. It is generally known in Pohnpei

that Katau Peidak refers to the east as far as Kosrae and beyond,

and Katau Peidi refers to the West as far as Yap. Isokelekel who

invaded the reign of the Saudeleurs came from Kosrae, Katau

Peidak. Sou Yap, in his effort to follow-up on his bird messengerknown as "kutoahr" in Pohnpeian, which according to legends

had been killed and was eaten by certain Pohnpeians in Nett

Municipality, came from Yap. He was received by Sumuni Kepin

Pil (Soum en Kepin Pil) who then offered a traditional apology to

Sou Yap on behalf of those Pohnpeians who had consumed his

bird messenger. It is said the Sumuni Kepin Pil uprooted a single

piece of sakau root, prepared it and offered the "sakau en tomw"

(a ceremonial rite used in offering traditional apology, which

when accepted and drunken by the aggrieved party pacified any

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and all hostilities) unto Sou Yap, in apology for the conduct of the

Pohnpeians who consumed Sou Yap's bird messenger. The style

of offering the apology thus gave birth to the customary practice

which became part of the tradition known in Pohnpei as "Sakauen Pwal-lap." Thus, according to this historical account and

traditional understanding of Pohnpeian, the Saudeleurs owned

both the dry lands and the submerged lands within the ocean,

including things growing thereon or with them. PTA v. Damarlane,

PCA No. 25-91, at 9 (Mar. 14, 1991). It would follow that if any

damage was sustained to the reefs, submerged lands, or corals,

it would be the Saudeleurs to whom any compensation would be

payable.

2. It is understood that the term "non-native" as used in the TT

statute includes the Trust Territory Government as a juridical

person.

3. [4] The Government cannot acquire title to individual land by

simply claiming it by public notice and consider the property its

own if the individual does not contest. PTA v. Damarlane (citing

Edayaoch v. Timarong, 7 TTR 54, 60 (Pal. 1974)). Thus subsection

(2) is invalid to the extent that the failure of an individual land

owner to comply with the requirement of filing a written notice

with the district land office he loses his legal interest or title to

the Government.